Are arrearages for child support dischargeable in bankruptcy?

Yes, arrearages for child support are dischargeable in bankruptcy in California. Generally, any debts that are covered by the Bankruptcy Code are eligible to be discharged in bankruptcy, including arrearages for child support. This means that if a debtor files for bankruptcy, they may be able to have their child support arrearages forgiven. Under California law, child support arrearages are considered priority debts and are not dischargeable in bankruptcy. This means that even if the debtor files for bankruptcy, the creditor may still pursue collection of the creditor’s arrearages outside of the bankruptcy proceedings. However, it is important to note that the debtor can still try to negotiate with the creditor to reduce or forgive some of the arrearages. In addition, California law allows for the court to enter an order for arrearage payment plans in which the debtor may be able to pay the arrearages off over time. This payment plan will usually specify the amount, due date, and frequency of payments that the debtor will have to make. Despite the fact that child support arrearages are generally not dischargeable in bankruptcy in California, it is still possible for debtors to have at least some of the arrearages forgiven. Therefore, if you have outstanding arrearages for child support it is important to speak to a qualified attorney about your options.

Related FAQs

What is the difference between a terminated and a suspended child support order?
Who pays for child support?
How does a non-custodial parent prove child support payments?
What are the tax implications for child support payments?
How are overseas child support payments enforced?
How can I reduce my child support payments?
How can parents reorganize their child support agreement?
What is the role of the local child support enforcement agency?
Can child support payments be garnished from wages?
How do parents modify a child support agreement?

Related Blog Posts

What is Child Support and How is it Calculated? - July 31, 2023
Uncovering the Complexities of Child Support Law - August 7, 2023
Common Questions Asked About Child Support Payments - August 14, 2023
Reducing Child Support Payments: Essential Legal Information - August 21, 2023
Negotiating Child Support Modifications - August 28, 2023