During bankruptcy proceedings, these forms of payments are viewed as a priority debt. This means that this debt cannot be discharged, and you must also make up any missed payments.
With a chapter 13 reorganization plan, however, your overall financial situation, how much you owe, to whom, and when, as well as your payment schedule, will improve. This payment plan will make it simpler to catch up on past-due support payments. The same holds true for filing under Chapter 7; you cannot discharge child support, but by eliminating other financial obligations, you should find it simpler to pay child support in the future.
On the other hand, many people who receive child support are concerned that they will not be able to protect those payments if they file for bankruptcy, which would be a significant detriment to the bankruptcy proceedings. However, if you receive child support payments and file for bankruptcy, those payments will be protected throughout the proceedings. In addition, if you have excess money from child support payments, this can typically also be protected as an exempt asset.
Additionally, alimony is considered a domestic support obligation, just like child support payments. Consequently, the same principles generally apply, with certain exceptions. If you file for bankruptcy and owe alimony, you cannot discharge this debt and must catch up on delayed payments or past obligations. If you file for bankruptcy and are receiving alimony, you should also be able to protect this income.
Obviously, child support and alimony are not the only issues that bankruptcy filers must consider. In addition, every case is unique, with a variety of circumstances and factors influencing how bankruptcy proceedings unfold, what the best options are, what type of bankruptcy to file, and whether you should file bankruptcy at all.
Consult always with an experienced attorney who can guide you through this complicated process. It is essential to have legal representation to fight on your behalf and ensure you take advantage of every opportunity to enhance your own circumstances.""
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