A practicing bankruptcy attorney in Miami-Dade, Broward or Palm Beach, will undoubtedly see a client who comes in with a court order to pay delinquent child support payments and with no apparent ability to catch-up. Of course, many times this prospective client will probably be looking to the bankruptcy option just because a possible permanent modification of the child support going forward does not resolve the matter of the delinquent payments.
A bankruptcy practitioner in South Florida understands that child support payments are not dischargeable in bankruptcy. A bankruptcy discharge order includes all debts that may be eliminated but child support is not one of them. So, what can be done? Under most circumstances, along with making the regular child support payment, a debtor may pay the delinquent amounts over a 36 month to 60 month period! In other words, a debtor may apply to the bankruptcy court to pay the past due amounts over a term of 3 to 5 years through a chapter 13 bankruptcy case. Sometimes, qualifying for a chapter 7 case and eliminating other debt may help catch-up with the past due payments altogether.
For those parents facing child support orders which they cannot pay because of a reduction of income or other unrelated circumstances, it is best to discuss your facts with a bankruptcy lawyer in Miami. Given the penalties associated with non-payment of child support, including suspension of a driver’s license, and garnishment of wages, and the potential effects it has on the affected children, it makes sense to consider your options before things get out of hand.
Call your Miami bankruptcy attorney if you have unmanageable debt and delinquent child support payments. Many times the solution to your particular problem can be analyzed over a short consultation. Call us at (305)820-0334 today, we are here to help!