Child support can be a significant obligation, especially for those already struggling with debt. Filing for bankruptcy in Virginia or another state will not discharge child support obligations or eliminate back payments. However, it will take child support payments into account and, along with changes to other payments and debts, can make child support more manageable.
If you’re struggling with debt and have child support obligations, you have options. The court system is designed to help those who’ve suffered financial setbacks due to medical needs, unexpected loss of work and the other surprises that can come up in life.
The bankruptcy attorney at Agarwal Law Firm helps individuals and families struggling with debt and child support find the relief they need, setting you up for personal and financial success in the future.
Benefits of Working with a Bankruptcy Attorney
Not everyone who files for bankruptcy in Virginia will see changes to their child support obligations. Child support is considered differently based on the type of bankruptcy you file for. Without an experienced bankruptcy attorney who’s familiar with the Richmond, Virginia court system, you could file for a type of bankruptcy that doesn’t give you the full benefits you’re entitled to.
Agarwal Law Firm’s lead attorney has over 15 years of experience working with the bankruptcy courts. We will help you evaluate your full range of debts and obligations, including child support, to determine the best course of action for your future wellbeing. We’ll walk you through the entire process of filing for bankruptcy to ensure everything goes smoothly and you receive the benefits you deserve. The end result will be manageable obligations and the fresh start you need to move forward with your life.
Chapter 7 and 13 Bankruptcy in Richmond, VA
The two main types of bankruptcy that individuals and families file in Richmond are Chapter 7 and Chapter 13.
Chapter 7 Bankruptcy
Also known as liquidation, Chapter 7 bankruptcy alleviates the burden of excessive debt. Individuals and families struggling with medical bills, credit card debt that seems unmanageable, and other obligations often file for Chapter 7.
While Chapter 7 will not discharge child support, it does provide numerous benefits, such as relieving excessive payments in other areas with the possibility of retaining many of your assets. An experienced attorney can advise you on how to retain your house, car, or other assets during a Chapter 7 bankruptcy filing.
Chapter 13 Bankruptcy
Chapter 13 bankruptcy is known as “individual reorganization.” In a chapter 13 filing, you’ll use a restructured repayment plan to pay back your debt over three to five years. Chapter 13 allows you to reorganize child support along with other common debts such as your mortgage, credit card payments, and medical bills. Similar to Chapter 7 bankruptcy, Chapter 13 does not discharge child support.
Curious if filing for bankruptcy is the right solution for your situation? Contact the bankruptcy lawyers at Agarwal Law Firm for a free consultation.
Child Support and Bankruptcy FAQs
Can child support be included in bankruptcy?
Because it is a financial obligation, child support will be considered in Chapter 7 and Chapter 13 bankruptcy filings. However, filing for bankruptcy in Virginia will not discharge child support and it will not remove any back payments that are owed. Bankruptcy does not provide a stay or hold on other child support proceedings, such as establishing paternity or modifying obligations.
Is child support dischargeable in bankruptcy?
No. Child support is not discharged in Chapter 7 or Chapter 13 bankruptcy. However, a Chapter 13 bankruptcy filing may allow you to reorganize child support and other debts to make them more manageable. An experienced bankruptcy attorney can help you determine the type of bankruptcy that is most likely to provide you with the options for discharging other debts and reorganizing child support obligations.
Will child support affect bankruptcy?
Child support cannot be discharged and typically will not be changed in other ways during bankruptcy filings. Child support may be reorganized or affect the reorganization and repayment of other types of debt during bankruptcy. A bankruptcy attorney can help you understand how child support will affect your bankruptcy in more detail.