Chapter 13 Bankruptcy and Child Support in New York | What to Know

If you are struggling financially to pay child support, you may be wondering if bankruptcy is an option. Read on, and reach out to our firm today to learn more about your case with a skilled Orange County Chapter 13 bankruptcy lawyer. Our legal team is on your side.

Can I file for Chapter 13 bankruptcy to help pay for child support?

If you are considering filing for Chapter 13 bankruptcy, it is important to recognize that there are a number of benefits to doing so. To begin, if you have fallen behind on child support payments as a result of a financial setback, bankruptcy may be a suitable option for you. Chapter 7 is generally a more specific and often more affordable method, however, if you are falling far behind on payments, it may not be the best option for you in that case.

On the contrary, Chapter 13 bankruptcy offers multiple important benefits. For instance, Chapter 13 bankruptcy immediately eliminates the collection of all outstanding child support or alimony. Also, Chapter 13 bankruptcy is very useful because it permits individuals to restructure their debt and payments of that debt flexibly and safely, which Chapter 7 does not.

Give our firm a call today if you have any questions or concerns regarding Chapter 13 or Chapter 7 bankruptcy and how it might impact your child support payments. Our dedicated Newburgh bankruptcy lawyer can help you no matter what you are facing.

Can Chapter 13 bankruptcy help with my child support payments?

In some instances, child support payments can be discontinued through bankruptcy, though, it is important to note that they cannot be permanently overlooked. Essentially, child support payments cannot be concluded just because an individual files for bankruptcy. The only way for child support payments to end is if the family court permits them to. The court may determine that child support payments are no longer needed for a number of factors, including if the child has reached the age of emancipation.

As a result, Chapter 13 bankruptcy permits a person to shuffle their payments by using a three to five-year plan. This suggests that at the time that you file for Chapter 13 bankruptcy, there will be an “automatic stay,” which stops creditors from all collection activities, during the rest of that three to five-year period.

Do not hesitate to reach out to a qualified bankruptcy attorney as soon as possible to discuss the facts of your case and your options if you have fallen behind on child support payments. Our firm has the experience and knowledge needed to help you navigate each step of the way. Our legal team is on your side.


Michael D. Pinsky, P.C. represents clients in bankruptcy actions and related matters. Please call 845-394-2616 or contact the firm online to schedule a consultation.

Read Our Recent Blog
View More