How Does Bankruptcy Affect Child Support in New York?

If you are behind on child support payments, you may want to consider filing for bankruptcy to alleviate your financial burdens. Contact us today to speak with one of our skilled New York bankruptcy attorneys to discuss the specifics of your case and your options.

Does Chapter 13 bankruptcy stop the collection of unpaid child support?

In some cases, child support payments can be halted through bankruptcy, however, it is important to note that they cannot be permanently removed. Child support payments cannot be discharged as a result of bankruptcy. The only way for child support payments to end is if the family court determines that they can terminate. The court may determine that child support payments are no longer necessary for a variety of factors, including if the child has reached the age of emancipation.

Therefore, with that being said, Chapter 13 bankruptcy permits an individual to rearrange 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 blocks creditors from all collection activities, during the remainder of that three to five year period.

If you have fallen behind on child support payments as a result of financial setback, it is in your best interest to reach out to an experienced bankruptcy attorney as soon as possible to discuss the specifics of your case and your options. Contact our firm today. We are equipped with the experience and knowledge required to examine all of your options and walk you through the process every step of the way.

Am I able to file for Chapter 13 bankruptcy to catch up on child support?

There are a number of benefits to filing Chapter 13 bankruptcy. Furthermore, if you are someone who has fallen behind on their child support payments, bankruptcy may be a useful option. Chapter 7 is typically a more straightforward and often cheaper process, but if you are falling far behind on payments, it is most likely not the best option for you.

On the other hand, Chapter 13 bankruptcy proposes many important benefits. For example, Chapter 13 bankruptcy instantly halts the collection of all unpaid child support or alimony. Additionally, Chapter 13 bankruptcy is also very useful because it allows people to restructure their debt and payments of that debt flexibly and safely, which Chapter 7 does not.

If you have questions or concerns about Chapter 13 or Chapter 7 bankruptcy and how it might affect your child support payments, do not hesitate to reach out to our experienced firm today to speak with our legal team.


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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