Your ex can file for chapter 13, but child support and alimony is a priority, neither can be put on a chapter 13.

I beg to differ. Bankruptcy is Federal and follows federal law. Your Child suppoort and alimony may be put into it and the court will set the plan for repayment whether it is the 36 mo plan or the 60 month plan. but he still has to keep the ongoing support current or his bankruptcy will be dismissed. My X and I went to court on 08/24/2010 and he owes 50,000 in back child support and was sentenced to 9 months on 07/30/2010 and on 08/04/2010 he filed chapter 13 and his lawyer got him released on 08/24/2010 with only serving 1 month of his sentence because federal law is over state law. so he has to repay me 50,000 within 60 months while keeping his weekly child support payment current every week! he will never do it the Chapter 13 was his way to get out of jail and run

Beg to DIFFER all you want sct2! This is the law regarding child support and alimony and bankruptcy. Everyone deals with financial stress at one point or another during his or her life. Some can find no way out except to file for bankruptcy. Bankruptcy is often a viable option, but sometimes the process becomes complicated - especially if you're paying child support or if you are receiving child support from an ex-spouse or partner.


If you're an ex-spouse or partner receiving child support, the good news is child support is not dischargeable in bankruptcy. Likewise, if you owe back child support - no matter how much - you are still responsible for that debt.

Current and back child support is not eligible for discharge in bankruptcy - ever. Furthermore, any debts resulting from "the nature of support" are also ineligible for discharge. "In the nature of support" debts are debts resulting from your child's care and may include medical bills for your son or daughter's care.

In addition, while collection agencies and creditors are forbidden by law to contact you once you file for bankruptcy, if you're filing for Chapter 7 bankruptcy, action can still be taken to ensure you pay your child support. On the other hand, if you file for Chapter 13, you may receive a temporary stay of collection efforts while the bankruptcy process occurs.

Keep in mind that any stay is only temporary. Regardless of whether you file for Chapter 7 or Chapter 13, the fact remains that you are still responsible for all current and back payments of child support.

If you're a parent who owes child support, bankruptcy may be a viable way for you to keep up with your payments, especially if you're wallowing in other debts. By filing for bankruptcy, you may relieve yourself of those debts (if you fit the criteria and file for Chapter 7) or lower those debts (if you file for Chapter 13 which requires you to repay some or all of your debt), freeing your income to pay your child support.

If you prefer something besides bankruptcy, you might want to consider consolidating your debts. Bankruptcy certainly isn't your only option, so you might want to consult with a bankruptcy attorney to discuss all of your options.

On the other hand, if you're an ex-spouse or partner receiving child support, you may want to consult an attorney if you're not receiving the required child support payments. Additionally, alimony payments are also ineligible for discharge in bankruptcy.