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Is child support affected by filing for bankruptcy?

On Behalf of | Mar 20, 2021 | Bankrupcty

Even when parents’ marriages end, they have to ensure their children are looked after. In Colorado — as elsewhere in the country — one parent will likely be paying child support as per an agreement between the parents or as per a court order. Life has a way of throwing curve balls that may impact people financially, so what happens when a payor of child support falls on financial hard times and declares bankruptcy?  

Does support continue? 

In no way does filing for bankruptcy mean that a payor is off the hook for child support payments. The law protects children’s best interests and part of that entails making sure their needs are met. If a payor is having difficulty making payments, he or she can seek a modification of a child support order. However, when the payor is on a better financial footing, he or she must pay any support that is in arrears.  

Bankruptcy and debts 

Even when a parent is financially bankrupt, it does not mean those debts that have been amassed in relation to taking care of children will be discharged. Such a debt could include paying for medical bills for a sick child. These debts are identified when one files for Chapter 7 or Chapter 13 bankruptcy. 

Laws in Colorado that relate to children will always look to their best interests. Even when the payor of child support has a bank account that is in the red, he or she must make some payment. Enlisting the advice of a lawyer about the possibility of having a support order modified may be helpful.