Individuals who declare bankruptcy may hold the belief that all of their debts will be wiped away. Unfortunately, this is not always the case. One debt that many bankrupted individuals are left with is child support in arrears.
Child support in arrears simply means past due payments. In other words, the individual has failed to keep current on support payments to his or her child's custodial parent. When individuals fail to pay these obligations, they are not simply forgotten; a balance accrues.
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After a while, this balance can get out of hand, leaving individuals with thousands of dollars in debts. Often times, the only way to recover from this massive debt is to declare bankruptcy. There are many important things about the relationship between bankruptcy and child support.
For one, as previously mentioned, child support debts, and future payments, do not go away. There is no automatic stay on these types of payments, as there is on other required payments. As such, individuals are required to keep current on these payments even when they are trying to repair their finances.
Additionally, since child support in arrears does not go away, individuals will still need to raise the money to pay off their obligations. An individual cannot work out a payment plan or settle the debt as he or she can with other debts.
It is important to note that after past due payment have been paid in full, individuals may be able to petition for support modifications. In these cases, individuals who have declared bankruptcy may be able to reduce the amount of future payments.
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