Paying Child Support Expenses when You’re Bankrupt
Divorces may legally separate married couples but it doesn’t break the responsibility a parent has for his or her child. Child support is needed when the parent with custody does not have the adequate resources to support the child. However, if the parent paying child support declares bankruptcy, does it mean that the child will not be entitled to
anything anymore?
Bankruptcy may declare some debts and obligations null upon approval. However, child support and spousal alimony are not erased. A parent’s obligation to provide for his or her child is not erased even if divorce or bankruptcy is declared. If child support isn’t paid, one can accrue penalties and increase the amount that has to be paid, or even face legal action.
Dealing with child support payments when you’re bankrupt
Inform the courts of your financial situation
If you really don’t have the financial resources, inform the courts or the case-handler of your situation. This would help prevent any legal actions that can be taken against you. Explain that as much as you want to give support, you just don’t have enough money to do so.
Work out an arrangement on how to pay for child support
Once you meet with the courts or the case-handler, you can formulate an arrangement or schedule for providing for your child. You can appeal to have it lowered or spread out farther so you can still provide for the child. Courts can also order direct deduction from your payroll, automatically debiting the amount from your savings and even repossess some of your properties and assets to help pay off the child support and alimony.
Is it acceptable to ask for some sort of informal moratorium on child support from your
ex-spouse?
Divorces are legal processes that formally separate you and your ex-spouse. It also legally lists down the responsibilities that each parent should fulfill. When your finances take a turn for the worse, talk to your ex about your situation but express your wish to still provide child support. An informal moratorium though is not a very wise decision as you or your partner may just get into hot water because of this. You can follow up with a written document to ensure your safety.
Photo Credit : dbking
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Excellent post.
The information you offer is much needed as there are not too many parents out there that know this and would most definitely not know what to do now…so to speak!
Then there are those who are always trying to avoid paying what they owe in regards to supporting their children…I am sure they will use the economy as a scapegoat…which in turn makes this information quite helpful to the parent that is raising the children/child.