If you pay child support, you know how these payments can take a huge toll on your finances. Some parents may find themselves in debt and become unable to keep up with child support payments. In this scenario, many people wonder if filing for bankruptcy is the answer. Read this blog to learn more about child support payments during the bankruptcy process, or reach out to a Newburgh Bankruptcy Lawyer today for high-quality legal counseling.
HOW IS CHILD SUPPORT CALCULATED IN NEW YORK?
Child support arrangements are calculated in family court on a case-to-case basis. Various factors are taken into consideration, including each parent’s finances, each spouse’s income, the child’s needs, the number of children, other financial obligations, child custody arrangements, and more. The actual calculation process is pretty complicated, so you’ll need to speak with an attorney in order to determine your exact support payments.
HOW IS CHILD SUPPORT AFFECTED BY BANKRUPTCY?
By law, you’ll always be required to pay your court-ordered child support payments, regardless of whether you have successfully filed for bankruptcy or not.
When you file for Chapter 7 bankruptcy, the court will discharge most of your debts (such as student loans). However, certain debts are exempt from this, including child support and alimony. This means that even if you file for Chapter 7 bankruptcy, you will still be responsible for paying your child support debts.
If you file for Chapter 13 bankruptcy, the court will help you establish a payment plan to pay off child support for either 3 or 5 years. This helps parents catch up on payments. When you file for either chapter bankruptcy, your child support payment requirements might be halted, but only for a fairly short period of time.
HOW CAN I REDUCE MY SUPPORT PAYMENTS?
The only entity that can legally reduce your child support payments is the family court. You can contact an attorney to help you find a way to alter your child support arrangement. You’ll likely need to prove to the court that there’s been a significant change to your payments since child support was first calculated. It’s important to note that you can never fully dismiss your child support obligations. The minimum child support requirement in New York is $50 per month.
Are you considering filing for bankruptcy in New York? Are you looking for a trusted bankruptcy lawyer who has your best interests in mind? Look no further because the Law Office of Michael D. Pinsky, PC is here to help! Contact our highly experienced team today for an initial consultation.