Family Law

San Jose Family Law Attorney explains how a Chapter 13 bankruptcy can help you catch up on child support that is in arrears.

By Scott Sagaria

San Jose Family Law Attorney explains how a Chapter 13 bankruptcy can help you catch up on child support that is in arrears.

In many divorce cases, the non-custodial parent often falls behind in child support payments.  The reasons for this are many, but the effect on the child and custodial parent is very real.  Some parents in this scenario mistakenly believe that filing for bankruptcy can erase the child support payments that are in arrears.  While that is not the case, there is a significant benefit to a bankruptcy filing if you are behind in child support payments

Child support and spousal support are not dischargeable in bankruptcy.  If you are behind in your child support you are at risk of wage garnishment, having the IRS withhold your income tax refunds and possibly even serving time in jail.  But a Chapter 13 bankruptcy filing can stop all of those things.

A Chapter 13 filing is a reorganization of your finances, and typically sets up a 5-year payment plan to satisfy your creditors.  Child support is at the front of the creditor?s line, and as long as you can pay back the amount in arrears within the 5-year window of the Chapter 13 reorganization and stay current with your other child support payments, you can avoid the wrath of the family court on your bank accounts and remove the possibility of serving jail time for non-payment.

Here at Sagaria Law, we offer a full range of family law and legal services including  divorce,  paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven California locations including San Jose, San Francisco, Redwood City, Fremont, San Diego, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

Full post as published by California Family Law Blog on October 26, 2009 (boomark / email).