Skip to main content
(866) 465-5395 Schedule a Consultation (866) 465-5395 Schedule a Consultation

What Does Your Ex’s PA Bankruptcy Mean for Your Child Support?

| |

QUESTION: “Can my former spouse file for bankruptcy to avoid paying child support?”

Your ex is upset about paying child support. He tried moving. Then he refused to pay. Now, he says he will file bankruptcy.  Can filing bankruptcy prevent him from paying child support?

In the U.S., both custodial and non-custodial parents are obligated to financially support their children. The federal Bankruptcy Abuse Prevention and Consumer Act was passed in 2005. The Act prevents a parent from using bankruptcy in order to avoid paying child support.  No matter how much debt a parent has, child support is never dischargeable in bankruptcy.  Support payments are considered priority claims, and your ex will be required to continue all court-ordered support payments.

When a person files for bankruptcy, his debts are given an “automatic stay”. This means that credit card companies, banks and others who are owed money must immediately stop all collection efforts. The automatic stay applies to foreclosures, wage garnishments, and collection calls. It does not apply to Pennsylvania child support. Your ex must continue to pay any child support owed. The courts may continue any wage garnishment or other efforts to collect any back child support that is owed.

Chapter 7 Bankruptcy

When a person files a Chapter 7 bankruptcy, his assets are sold to pay his debts. In most cases, the remaining debts are discharged. However, unpaid or past due child support cannot be discharged.  Your ex will still have to pay this debt.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is used when the person filing bankruptcy has a regular income. The court adjusts the debts and creates a repayment plan. A repayment plan must include all court-ordered support payments and a plan for paying any past due child support.

You don’t need to do anything.

The law is on your side. If your ex files bankruptcy, the courts will make sure that your children get the child support they are owed. However, you may need help if the bankruptcy is just another threat that your ex is using to avoid paying past due support.  If you have questions about past due child support payments, please contact Petrelli Previtera. Our Philadelphia child support attorneys will be happy to schedule an appointment. Call us at 866-465-5395.

Client Testimonials

They are amazing! I highly recommend anyone that is in need of assistance with child support hearings to seek out the expertise and experience of this law firm and staff! They handled my case quickly and I feel that my money was put to good use. Much appreciated! Nothing less than five stars!

Alana Deverson

I just want to say GREAT JOB! She is a no nonsense professional with years of experience that qualifies her as a skilled Family Law attorney. She is seasoned, sensitive, and most of all she cares. She made things easy for me. Definitely recommend!

Kimberly Colby

Overall I was pleased with the results of my divorce case. The entire Petrelli Previtera team truly cares about their clients. Luckily for me, I was paired up with an amazing team helping all the way. If you happen to work with this firm and with the lawyers you’ll be in great hands. It was such an excellent service and it was beyond I expected.

A Family Law Client Chevy Chase , MD

Serving Clients at the Following Locations

Bethesda4800 Hampden Lane, Suite 200 Bethesda MD 20814(301) 234-7409view details
Maryland5425 Wisconsin Ave Chevy Chase, MD 20815(301) 889-8085view details
ChicagoTwo Prudential Plaza 180 North Stetson Suite 3500 Chicago, IL 60601(312) 252-2085view details
Schaumburg1750 E. Golf Rd, Suite 382 Schaumburg, IL 60173(630) 491-9670view details
Texas500 W 2nd St Suite 1900 Austin, TX 78701(512) 883-1684view details
Washington DC1717 K Street NW, Suite 900 Washington DC 20006(202) 519-0366view details
Denver7900 E. Union Ave. Suite 1100, Denver, CO 80237(720) 821-6440view details
Princeton475 Wall St, Suite 214, Princeton, NJ 08540(609) 917 9560view details
Linwood210 New Road #15 Linwood, NJ 08221(609) 375-0351view details
Parsippany8 Campus Dr, Parsippany, NJ 07054(973) 310-5320view details
Philadelphia1845 Walnut Street 19th Floor Philadelphia, PA 19103(215) 523-6900view details
Montgomery County516 DeKalb Street Suite C Norristown, PA 19401(610) 924-2870view details
Doylestown123 N Broad Street, Doylestown, PA 18901(267) 938-4480view details
Abington1147 Easton Road, Abington PA 19001(610) 890-4833view details
West Chester203 W. Chestnut St., Suite 204
West Chester, PA. 19380
(610) 431-4012view details
schedule a consultation Today
Contact Us Fill out the form or call us today (866) 465-5395