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What implications would Bankruptcy have on my child support obligations in California?
Me wife and I divorced a couple years ago and I am still paying child support for a few more years. I am in a financial bind right and will be filing for Bankruptcy soon. Will this have any impact on child support obligations? I'm in California.
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Answers (1)
Bankruptcy does not terminate, stay or reduce your child support obligation. In fact, the 2005 amendments to the federal bankruptcy law specifically allow enforcement of support orders during bankruptcy proceedings. Federal law also gives domestic support obligations first priority in distribution of available funds, and instructs bankruptcy trustees to provide appropriate written notice of the bankruptcy filing to the child support recipient and the child support agency.
However, your bankruptcy attorney and/or your divorce/family law counsel can perhaps get your co-parent to voluntarily agree to a modification or stay of your child support obligation until your financial circumstances improve. Please note that any such modification to the support agreement would have to be approved by the family court as well as the other party. You can also petition the family court to modify your support order based upon your changed financial circumstances.
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Posted by Jamilla Moore on 21 Jan 2010