St. Louis Child Support Attorneys: Does Bankruptcy Discharge Child Support Debt?

If you have fallen behind on child support payments in St. Louis, Missouri, you may be wondering if filing for bankruptcy can clear your child support arrears. It’s a common question, but the answer is complex. There are strict rules regarding the discharge of domestic support obligations like child support through bankruptcy.

To understand whether your specific child support debt can be eliminated, you need guidance from an experienced St. Louis child support attorney. They can analyze the nuances of your case and provide accurate advice on using bankruptcy to manage arrears.

 

This article provides an overview of the complicated relationship between bankruptcy and past-due child support. Read on for more information, and contact a skilled St. Louis child support lawyer to discuss your options.

 

 The Limited Discharge of Support Debts in Bankruptcy

 

As a starting point, child support obligations are generally not dischargeable in bankruptcy. Both federal bankruptcy laws and Missouri laws protect and support debts owed to families. 

 

However, there are a few narrow exceptions where back child support may be discharged, such as:

 

– Discharge ordered by a court for reasons like inability to pay.

– Arrears assigned to the state are discharged if the state doesn’t object. 

– Support owed directly to a spouse or ex-spouse, not for a child’s benefit.

 

A St. Louis, Missouri attorney can assess if your case meets any exceptions to pursue a discharge. But in most cases, filing bankruptcy will not eliminate what you owe in past-due support.

 

Getting Support Debt Declared Dischargeable 

 

If you have grounds to get child support arrears discharged in your bankruptcy, your Missouri child support attorney will need to take proactive legal steps.

 

You must file an adversary proceeding and get a court order officially declaring the support debt dischargeable. This requires showing just cause based on factors like: 

 

– Your inability to pay the debt now and in the future.

– The support recipient’s ability to pay their own expenses. 

– Whether the debt is owed directly to your former spouse.

– If discharge would cause undue hardship to your children.

 

This detailed process requires experience with bankruptcy laws and family court. A skilled child support attorney can advocate for discharge on your behalf.

 

Strategies If Support Debt Remains Non-Dischargeable  

 

If your child support arrears cannot be discharged in bankruptcy, a St. Louis child support lawyer can still advise you on managing the debt. 

 

Possible strategies include:

 

– Asking the family court to modify the repayment terms. 

– Entering into a payment plan.

– Avoiding driver’s license suspension and passport revocation.

– Preventing excess wage garnishment or punitive enforcement actions.

– Seeking temporary relief of monthly support payments until you regain financial stability.

 

While bankruptcy may not eliminate what you owe, an attorney can help limit the consequences and restore regular payments.

 

Get Legal Guidance from a St. Louis Child Support Attorney 

 

The interplay between bankruptcy and past-due child support is highly complex. Outcomes depend on the specific circumstances of your case under Missouri law.

 

Without legal advice, you risk making wrong assumptions and costly mistakes regarding discharge of your child support debt. 

 

To determine if bankruptcy is a viable option in your situation, consult with an experienced St. Louis child support attorney immediately. They have the expertise to help you manage child support arrears and debt through available legal strategies.

 

Frequently Asked Questions About Child Support and Bankruptcy 

 

Below are answers to some common questions on this topic:

 

1. Will Chapter 7 bankruptcy discharge my past-due child support?

 

Generally no. Child support arrears are considered a non-dischargeable debt in Chapter 7 except in very limited cases.

 

2. Can I include child support debt in a Chapter 13 bankruptcy repayment plan? 

 

Yes, but it cannot be discharged and you must make paying it back a priority in your repayment plan.

 

3. What if I owe child support to my ex-spouse directly?

 

Debt owed directly to an ex-spouse (and not for a child’s benefit) has a higher chance of discharge. But specific steps must be taken.

 

4. If support debt is discharged, do I still owe interest on arrears?

 

Maybe. Discharge of principal debt does not necessarily discharge all interest that has accrued. This must be addressed separately.

 

5. Can bankruptcy stop wage garnishment for overdue child support?

 

Filing bankruptcy can sometimes pause wage garnishment temporarily. But an attorney must take proper legal steps.