Are arrearages for child support dischargeable in bankruptcy?
In Massachusetts, arrearages for child support are generally not dischargeable in bankruptcy. This means that if a parent who owes child support files for bankruptcy, they will still be responsible for any unpaid child support. Under the Bankruptcy Code, certain types of debts are not dischargeable in bankruptcy, including any debt for alimony, maintenance, or support of a spouse or child. This includes child support arrearages. In other words, even if the parent who owes the child support files for bankruptcy, they will still be responsible for paying back any child support they have not already paid. The only possible exception to this general rule is if the parent and the other parent agree that the arrearages will be discharged in the bankruptcy. However, the decision to discharge the arrearages must be made in a voluntary agreement between the two parties and approved by the court. In summary, in the state of Massachusetts, child support arrearages are generally not dischargeable in bankruptcy. While there is an exception if the two parties come to a voluntary agreement and have it approved by the court, this is relatively rare.
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