Does filing a Chapter 7 bankruptcy protect one from going to jail for child support?
A friend of mine is genuinely bankrupt: unemployed (but actively seeking employment), receiving SNAP food stamps (which is the person's only "income") and way behind in his child support payments. The person has already been jailed once for not being up to date with his child support. Can that person be jailed again for not paying child support if they file a Chapter 7 bankruptcy? In other words: would they be protected from any jail-time even though child support is not dischargable under Chapter 7? Or should they try to file Chapter 13 and include child support in the schedule to be protected from jail?
Answered By: Janet A. Lawson Bankruptcy Attorney
Bankruptcy does not stay collection actions on child support. He needs to go back to state court to lower the amount he owes each month.
Answer Applies to: California
Replied: 1/27/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 1/27/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Carballo Law Offices
They don't put you in jail for not paying child support unless the judge finds that you can afford it but don't obey the order intentionally or you could afford it if you looked for work. Jail is to force you to comply and not to punish so no sense in putting a person in jail if impossible for the person to comply due to unemployment that you cannot be avoided. There is a criminal charge the District Attorney can file for intentional failure to support in the past but the person has the right to a jury trial, an appointed lawyer and all other rights of criminal defendants. Filing a Chapter 13 will stop the jailing by the family law judge to make a person comply (since the person is complying by paying under the protection of the bankruptcy court) but the person must pay the entire amount owed in support in a plan with a maximum five year term plus ongoing support payments. It does not sound like your friend can qualify for a Chapter 13 due to lack of income. Chapter 7 will do him no good regarding child support. If he was convicted of a criminal charge for failure to support then he might be on probation that requires him to keep current on support or have his probation violated and be sent to jail to serve the original sentence. Bankruptcy will also stop a violation of probation for nonpayment but only if he is in a Chapter 13 that requires payment of the child support arrears and ongoing support. In other words, there is no probation violation if payments are being made through a Chapter 13 Plan.
Answer Applies to: California
Replied: 1/27/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 1/27/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: AyerHoffman, LLP
Child support obligations are not dischargeable in bankruptcy. Your friend should consult with a family law attorney about modification of the child support order.
Answer Applies to: Massachusetts
Replied: 1/27/2012
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Answer Applies to: Massachusetts
Replied: 1/27/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Philip R. Boardman, Attorney at Law
A ch. 13 allows for child support arrears to be paid over time. We have found this to be a very good solution for folks in your friends situation. Of course, current support payments must be kept current.
Answer Applies to: Virginia
Replied: 1/27/2012
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Answer Applies to: Virginia
Replied: 1/27/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Darren Aronow, PC
Chapter 7 will not stop him from going to jail, but a chapter 13 will set up a payment plan which may. However, if he is unemployed and has no income, it is not likely that his chapter 13 will be approved.
Answer Applies to: New York
Replied: 1/27/2012
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Answer Applies to: New York
Replied: 1/27/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Grace Law Offices of John F Geraghty Jr.
Unfortunately there is no easy answer since child support is not dischargeable.
Answer Applies to: Georgia
Replied: 1/26/2012
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Answer Applies to: Georgia
Replied: 1/26/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ashman Law Office
Bankruptcy does not prevent prison for non-support. An unemployed person with no income besides food stamps cannot file Chapter 13.
Answer Applies to: Georgia
Replied: 1/26/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 1/26/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Heupel Law
Unfortunately, Chapter 7 will not help him. However, Chapter 13 will keep him out of jail so long as he makes his plan payments.
Answer Applies to: Colorado
Replied: 1/26/2012
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Answer Applies to: Colorado
Replied: 1/26/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Lakelaw - Loop Bankruptcy
No. Bankruptcy has no impact on child support. But if you are behind on child support, you can catch up in chapter 13. You still have to keep current with current payments.
Answer Applies to: Illinois
Replied: 1/26/2012
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Answer Applies to: Illinois
Replied: 1/26/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law offices of John P. Brooke
Filing a chapter 7 will not keep him from going to jail. The child support arrears are not dischargeable. Filing for a chapter 13 and including the arrears in the plan may work if the family court sees he is making an attempt to pay them back, but it is unlikely a chapter 13 will be confirmed due to the lack of income. You need to be able to show that you have the ability to make the required payments every month and with no income this is not going to happen. I would tell him to go to the family court and maybe put in a petition to modify the payments. He needs to be proactive with the family court and let them know his not paying is not willful, and he is unable to pay due to lack of income.
Answer Applies to: New York
Replied: 1/26/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 1/26/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Schreiber Law Firm
No. Criminal proceedings are not stopped by filing a bankruptcy.
Answer Applies to: California
Replied: 1/26/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 1/26/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Diefer Law Group, P.C.
Bankruptcy does not protect someone from child support. A chapter 7 will not give him any protection whatsoever. If he wants to file a chapter 13 for the arrears he can do so, but it does not sound like he has income to do that either.
Answer Applies to: California
Replied: 1/26/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 1/26/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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