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Can Bankruptcy Help With Child Support or Alimony?

September 29, 2021
Child Support Alimoney

If you’ve been struggling with debt for a matter of months, you may be thinking that it’s time to give bankruptcy a chance. Some people may be asking, can bankruptcy help with child support or alimony? Unfortunately, these particular debts are not dischargeable through California’s bankruptcy code. Nonetheless, if you’re having a hard time paying, bankruptcy can help free up funds to make meeting these obligations more manageable. Here’s what you need to know:

Dischargeable Debt

Dischargeable debts are those that are wiped out once the court grants bankruptcy discharge. These debts typically include credit card balances, past-due utility bills, medical bills, and personal loans. Once the court accepts your bankruptcy petition, these creditors must cease and desist all collections activity, including writing to you and calling you. For all legal purposes, these debts no longer exist. However, keep in mind that debts incurred after the initial bankruptcy filing are generally not included in the judgment, and you will be responsible for paying these back.

Non-Dischargeable Debt

Non-dischargeable debt includes:

  • iconTaxes
  • iconCourt-ordered child and spousal support
  • iconStudent loans
  • iconCredit card payment

Other types of debts not included in California’s Chapter 7 are those involving payments to another party who has suffered a personal injury due to the debtor’s negligent behavior. For instance, if someone suffered an injury in a vehicle accident that was your fault, any compensation awarded to them by the courts won’t be eligible for discharge.

What You Can Do

So what can you do if you’re in arrears on child support or alimony and are slipping farther behind with each missed payment? Consider filing for Chapter 13 instead. Although it won’t eliminate the debt, Chapter 13 allows petitioners to file a repayment plan that will enable them to pay the past-due amount on their terms with the court’s approval. You may also be able to stop your wages from being garnished for child support or alimony if you go this route.

Contact Us

Please feel free to contact SM Law Group at your convenience for more information on which type of bankruptcy filing is best for your specific situation. Our experienced attorneys specialize in helping people get an afresh start through bankruptcy and will be glad to meet with you for a free consultation.

If you are looking for ways to get debt-free, don’t hesitate to contact us today through our website or give us a call at to schedule your free consultation.

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