Are arrearages for child support dischargeable in bankruptcy?
In Florida, arrearages for child support are generally not dischargeable in bankruptcy. This means that any unpaid child support payments from the past that have accumulated (known as arrearages) can usually not be wiped away due to bankruptcy. This is due to the fact that child support arrearages are considered “priority debts” under federal law, which means that they take precedence over other types of debt. However, there are a few situations in which a debtor may be able to have current or past-due child support payments discharged. For example, if a debtor’s financial situation has changed significantly, such as due to job loss, they may be able to petition the court to reduce or eliminate their child support debt. Additionally, if the past due child support payments are the result of a fraudulent debt, they could potentially be discharged. In general, though, it is important to understand that child support arrearages are not typically dischargeable in bankruptcy. As such, it is important for those who owe child support to explore other options for resolving the issue so that they can continue to meet their obligations to their children.
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