Can Chapter 7 Bankruptcy relieve me from child support obligations?

Chapter 7 Bankruptcy Law in Delaware can provide relief from child support obligations in some cases. This type of bankruptcy is a liquidation of the debtor’s non-exempt assets in exchange for a discharge of certain debts. In order for the bankruptcy court to decide, it must first determine whether or not the child support obligations are dischargeable. In Delaware, child support obligations are non-dischargeable, meaning that regardless of the Chapter 7 Bankruptcy filing, the debtor is still liable for those payments. This means that if someone files a Chapter 7 Bankruptcy petition, they will still be responsible for making payments for their child support obligations. However, if the debtor obtains a court order modifying the obligation after filing, that order is considered dischargeable and can be included in the bankruptcy filing. Also, if the debtor is delinquent in making payments prior to filing for bankruptcy, the bankruptcy court might be able to reduce the overall amount owed. This would still require the debtor to make regular payments on the reduced amount in order to stay current on the obligation. So while a Chapter 7 Bankruptcy in Delaware cannot completely absolve a debtor of their child support obligations, it can provide some relief if the court determines that the obligation can be discharged or the amount is reduced. It is important to speak with an attorney to understand all the details of the bankruptcy process before filing.

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