Bankruptcy and Child Support in Pennsylvania: What You Should Know

When facing financial difficulties, individuals may consider filing for bankruptcy as a means to manage debts. However, in Pennsylvania, it’s crucial to understand how bankruptcy impacts child support obligations. This article will explore the relationship between bankruptcy and child support in Pennsylvania, shedding light on what custodial parents and those needing support should be aware of.

Understanding Bankruptcy Types

In Pennsylvania, individuals typically file for either Chapter 7 or Chapter 13 bankruptcy. Chapter 7 involves liquidating assets to pay off debts, while Chapter 13 allows individuals to reorganize their debts and create a repayment plan. It's important to recognize that both types of bankruptcy have unique implications for child support obligations.

Child Support Obligations Are Not Dischargeable

One key factor to keep in mind is that child support obligations are considered non-dischargeable debts under both Chapter 7 and Chapter 13 bankruptcy. This means that regardless of the bankruptcy outcome, individuals must continue to pay any existing child support obligations. Failing to do so can lead to serious legal consequences, including garnishment of wages and loss of driver's licenses.

Filing for Bankruptcy While Owing Child Support

If you owe child support and are considering filing for bankruptcy, it’s advisable to seek legal counsel. Some individuals incorrectly believe that bankruptcy will eliminate their child support responsibilities, which is not the case. Instead, bankruptcy can provide relief from other debts, allowing you to allocate more resources toward maintaining your child support payments.

Impact on Child Support Payments

Bankruptcy may indirectly affect child support payments. If your financial situation changes significantly after filing for bankruptcy, you can petition the court for a modification of the child support order. The court will consider your new financial circumstances, but a history of non-payment could impact their decision. Always keep documented proof of any changes in income and expenses.

Modified Child Support Agreements

In cases of prolonged unemployment or significant financial change, you can seek a modification of child support in Pennsylvania. Make sure to file this request with the family court and present all necessary documentation. The court will review your circumstances and determine if an adjustment is warranted, potentially allowing for a lower payment that reflects your new financial reality.

Consulting with an Attorney

Given the complexities of bankruptcy and child support laws in Pennsylvania, consulting with a qualified attorney is essential. They can guide you through the bankruptcy process while advising on how to address child support obligations. Ensuring compliance with family court orders is critical, and legal expertise can help navigate this challenging landscape.

Final Thoughts

Navigating bankruptcy while managing child support obligations in Pennsylvania is challenging but not unmanageable. Understand that child support obligations cannot be eliminated through bankruptcy, and strive to communicate with the relevant courts regarding any modifications. Seeking professional legal advice will empower you to handle your financial obligations effectively and responsibly.