How Can Chapter 13 Help with Child Support Payments?

You may want to consider your options if you are struggling to pay child support. Chapter 13 bankruptcy may be for you. Continue reading and give our legal team a call today to speak with an Orange County Chapter 13 bankruptcy lawyer.

Does Chapter 13 bankruptcy help individuals pay for child support?

If you are thinking of filing for Chapter 13 bankruptcy, it is important to identify that there are a number of benefits to doing so. To start, if you have fallen behind on child support payments as a result of a financial setback, bankruptcy may be a practical option for you. Chapter 7 is typically a more distinctive and often more affordable method, however, if you are falling far behind on payments, it may not be the best choice for you in that circumstance.

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

Do not wait to give our legal team a call today if you have any questions or concerns regarding Chapter 13 or Chapter 7 bankruptcy and how it might affect your child support payments. Our committed Newburgh bankruptcy lawyer can help you through whatever financial struggles you are encountering.

How can Chapter 13 bankruptcy help me make child support payments?

In some cases, child support payments can be suspended through bankruptcy, though, it is essential to mention that they cannot be permanently overlooked. Child support payments cannot be terminated just because an individual files for bankruptcy. The only way for child support payments to end is if the family court allows them to. The court may decide that child support payments are no longer needed 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 implies 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.

Do not wait to reach out to a skilled bankruptcy attorney as soon as you can 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 required to help you navigate each step of the way. Our legal team is here for you.


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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