Are arrearages for child support dischargeable in bankruptcy?

In Washington, arrearages for child support are generally not dischargeable in bankruptcy. This means that although other types of debt may be eliminated through a bankruptcy filing, arrearages for overdue child support will not be discharged. This includes both past-due and ongoing payments. While the overall goal of bankruptcy is to provide an individual with a fresh start, the Bankruptcy Code and Bankruptcy Courts recognize that children should be a priority and that parents are responsible and obligated to financially support their children, regardless of their own financial circumstances. As such, payment of child support arrears is not dischargeable. The Bankruptcy Code states that “the obligation of a debtor who is an individual to pay a domestic support obligation (which includes child support) that first became payable after the commencement of the case, but before the granting of a discharge, is not discharged.” The U.S. Bankruptcy Code is federal law and most states, including Washington, have adopted the Code in their state laws. This means that creditors may still pursue collection of unpaid child support after the debtor has filed for bankruptcy protection. An individual may wish to discuss other methods, such as payment plans, that can be used to pay arrears after filing for bankruptcy, with an attorney or an experienced financial advisor.

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Are arrearages for child support dischargeable in bankruptcy?

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