| Bankruptcy Lawyer | Richmond Va

Child or Spousal Support owed when you file a Bankruptcy Case

Written by Ellen Ray | Nov 2, 2016 12:08:00 PM

Child and/or spousal support is not dischargeable in either a chapter 7 or a chapter 13 case.

If you are under a court order to pay child or spousal support when you file a either a chapter 7 or a chapter 13, you will be required to continue to make the monthly payments and not fall behind during the case.  If you do fall behind in your payments during the time you are in the case and you do not catch all of the payments up by the end of your case, then you will not be eligible to receive a discharge.

If you file a chapter 13 case, any child or spousal support you owe at the time your case is filed with the court is usually included in the plan payments, although the trustee has no ability to pay interest on the amount due and some child support agencies continue to accrue interest on the amount owed at the time you filed, so you may still owe a small amount equaling the interest that accrued during the case, when you finish the case.  It is important that you contact the child support enforcement agency to which you are making the payments, after the case is finished, to determine whether there is a balance due because of accrued interest.