Child Support and Bankruptcy in New York | What to Know

Our firm recognizes the added stress child support payments can have on an already sticky financial situation. As a result, you will need to retain the services of a skilled Newburgh bankruptcy lawyer today. We are on your side.

Am I able to file for Chapter 13 bankruptcy to help me pay child support?

If you are interested in filing for Chapter 13 bankruptcy, it is critical to recognize that there are several benefits to doing so. First, if you have fallen behind on child support payments because of financial distress, bankruptcy may be a practical choice for you. Chapter 7 is typically a more straightforward and often more affordable method, however, if you are falling far behind on payments, it may not be the best option for your circumstance.

On the other hand, Chapter 13 bankruptcy presents multiple important advantages. For example, Chapter 13 bankruptcy instantly stops the collection of all outstanding child support or alimony. Furthermore, Chapter 13 bankruptcy is very helpful because it allows individuals to restructure their debt and payments of that debt flexibly and safely, which Chapter 7 does not.

Reach out to our firm today if you have any questions or concerns about Chapter 13 or Chapter 7 bankruptcy and how it might affect your child support payments. Our dedicated Newburgh bankruptcy lawyer is on your side.

Does Chapter 13 bankruptcy prevent unpaid child support?

Sometimes, child support payments can be discontinued through bankruptcy, but, it is essential to mention that they cannot be permanently overlooked. In other words, child support payments cannot be terminated as a result of bankruptcy. The only way for child support payments to terminate is if the family court allows them to. The court may decide that child support payments are no longer required for a number of factors, including if the child has reached the age of emancipation.

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

It is in your best interest to reach out to a skilled bankruptcy attorney as soon as you can to discuss the details of your case and your options if you have fallen behind on child support payments. Our firm has the knowledge and resources required to walk you through each step of the way. We are here to help you no matter what.


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.

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