Filing for bankruptcy can be a difficult decision to make, but many people find it to be the best option available to them. One question that often arises during the bankruptcy process is whether or not child support payments are affected. Our seasoned team of bankruptcy attorneys will answer that question and provide clarification on other aspects of child support during bankruptcy proceedings.
Child Support Laws in California
By law, you must pay child support in California at least until the child is 18 or emancipated. You may have to pay until the child is 19 if she is unmarried and enrolled in high school full-time. In the event that you fall behind on your payments, you may face a collection action and wage garnishment. California allows garnishment of up to 50% of your disposable income for child support payments.
Child Support and Bankruptcy
By filing for bankruptcy, you invoke the automatic stay. That means creditors can't sue you for payment or take other collection actions. This includes wage garnishment, foreclosure, and repossession. However, there is an exception for child support payments in California. Child support obligations are not dischargeable in bankruptcy proceedings. This means that even if you file for Chapter 7 or Chapter 13 bankruptcy, you will still have to continue making your child support.
Additionally, any back payments you owe will still need to be paid off. These arrears may not be dischargeable in bankruptcy, but you can set up a payment plan through your bankruptcy case. Your bankruptcy attorney can help you negotiate this plan with the court and creditors to ensure that you can continue making these payments while also satisfying your other debts in the bankruptcy process.
Let RHM LAW LLP Help You
If you have any questions about child support and bankruptcy, our seasoned team of bankruptcy attorneys is here to help. Get in touch with us today to schedule a consultation. Even though bankruptcy cannot be used to avoid child support payments in California, our team can help you navigate the process and find a solution that works for you.
Contact us at (213) 344-0043 or through our online contact form.