Will Bankruptcy Impact Child Support in New York?

If you are behind on child support payments as a result of a financial setback, do not wait to reach out to our firm today to speak with an experienced Newburgh bankruptcy lawyer today. Our legal team is on your side.

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

When looking to file for Chapter 13 bankruptcy, it is important to understand that there are many benefits to doing so. First, if you are an individual that has fallen behind on child support payments as a result of financial distress, bankruptcy may be a beneficial option for you. Chapter 7 is usually a more straightforward and often more inexpensive process, however, if you are falling far behind on payments, it may not be the best option for your situation.

In contrast, Chapter 13 bankruptcy offers many important advantages. For instance, Chapter 13 bankruptcy immediately stops the collection of all outstanding child support or alimony. Also, Chapter 13 bankruptcy is also very useful because it permits 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 impact your child support payments, it is in your best interest to reach out to our skilled Newburgh bankruptcy lawyer today to learn more.

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

In some instances, child support payments can be suspended through bankruptcy, however, it is critical to note that they cannot be permanently dismissed. 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 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 stops creditors from all collection activities, during the remainder of that three to five-year period.

Do not wait to reach out to a skilled bankruptcy attorney as soon as you can to examine the details of your case and your options if you have fallen behind on child support payments. Reach out to our firm today. We are supplied with the experience and knowledge needed to walk you through each step of the way. We are 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.

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