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How does bankruptcy affect child support?

Financial issues strike nearly everyone at some point in their lives, and while it is never a pleasant thing, bankruptcy is a reality for many people. Filing for bankruptcy is a very serious step, however, and it’s important to understand all of the possible repercussions in the other parts of your life. Whether you are the payor or the custodial parent receiving child support, it’s normal to have questions about how a bankruptcy filing may affect your child support order.

Bankruptcy can be a useful last resort for those dealing with overwhelming debt, and it’s not unusual for those considering this option to also be in arrears with their child support payments. Many people think that filing for bankruptcy can reduce, pause or even stop their child support obligation altogether, but this isn’t usually true.

In most cases, a bankruptcy filing will have absolutely no affect on your child support, and it’s important to do everything in your power to continue to make your payments so you don’t fall further behind. Failure to do so could result in enforcement measures, such as wage garnishment or suspending your driver’s license.

If you are receiving child support and considering filing for bankruptcy, this also should not affect your child support order in most cases. If you are worried about your ex not being able to make payments, it can help to talk to a family law attorney about what to expect. He or she can also let you know what your options are in Texas as far as enforcement if you do stop receiving your payments.

Source: Findlaw, “Child Support and Bankruptcy,” accessed Feb. 18, 2016

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