You have a lot of financial obligations, and your debt has simply gotten out of control. You are looking into ways to eliminate that debt, and you are considering Chapter 7 or Chapter 13 bankruptcy.
However, at least a portion of your debt is in child support. Maybe you have been ordered to pay $200 every month. You also have $1,000 in back child support because you have gotten behind. Can you include this debt in a bankruptcy filing?
Child support typically does not qualify
No, in most cases, you cannot include child support in bankruptcy cases. The court is still going to uphold the child support obligation. For instance, you cannot use Chapter 7 bankruptcy to simply eliminate that debt, along with your future obligation to pay.
That being said, bankruptcy still may be helpful for you. It can help to reduce other debts so the child support is more affordable.
For example, perhaps you have an income that would easily allow you to pay the $200 per month, but you have so many other debts that you are constantly falling behind. Your inability to pay is based on the overwhelming amount of financial obligations. By using bankruptcy to get rid of credit card debt, car loans, medical bills or other obligations, you may free up enough space in your budget that you can begin making the child support payments again. So, while they are not eliminated, this can help you get current and make the payments that are needed to help your ex raise the child.
Bankruptcy cases can get very complex, and you need to understand all of your legal options.