How to Handle Child Support During Bankruptcy in Pennsylvania

Child support is a critical obligation that many parents face, often causing financial strain. If you are considering bankruptcy in Pennsylvania, it's essential to understand how it interacts with child support obligations. This article outlines the necessary steps to handle child support during bankruptcy in Pennsylvania.

Understanding Child Support Obligations

In Pennsylvania, child support is considered a priority obligation. This means that it must be paid regardless of other financial issues or bankruptcy status. Failing to comply with child support orders can result in severe penalties, including wage garnishments, tax refund interceptions, and even jail time.

Types of Bankruptcy: Chapter 7 vs. Chapter 13

There are two primary types of bankruptcy that individuals may file for: Chapter 7 and Chapter 13. Understanding the differences between these options is crucial when dealing with child support.

Chapter 7 Bankruptcy: This option allows for the liquidation of non-exempt assets to pay off debts. However, child support cannot be discharged under Chapter 7. You will need to continue making payments while the bankruptcy process unfolds.

Chapter 13 Bankruptcy: This allows individuals to reorganize their debts and create a repayment plan over three to five years. While you must still pay your child support, you can include other debts in the repayment plan. It’s crucial to consistently pay your ongoing child support obligations during this period.

Filing for Bankruptcy with Child Support Obligations

Before filing for bankruptcy in Pennsylvania, it’s wise to consider the following steps:

Consult a Bankruptcy Attorney: An experienced attorney can provide guidance on how to manage your child support payments during bankruptcy, helping to ensure that you comply with all legal obligations.
Gather Documentation: Compile all relevant documents, including your child support order, payment history, and any other financial records. This will be essential for your bankruptcy filing.
Disclose Child Support in Your Bankruptcy Petition: When filing for bankruptcy, it’s mandatory to disclose all obligations, including child support. Transparency is key in avoiding future legal complications.

Impact on Child Support Payments

Filing for bankruptcy does not relieve you of your duty to make child support payments. In fact, it may lead to increased scrutiny of your financial situation. The state of Pennsylvania prioritizes child support, and any back payments will remain due even after the bankruptcy process.

If you are experiencing difficulty making child support payments, consider seeking a modification of the support order through the court rather than relying on bankruptcy to resolve the issue. A child support modification may be granted due to significant changes in income or financial circumstances.

What to Avoid During Bankruptcy

While navigating bankruptcy and child support obligations, it's essential to avoid certain pitfalls:

Ignoring Child Support Payments: Missing payments can have severe consequences, including legal penalties.
Neglecting Communication: Keep open lines of communication with your ex-spouse and the court regarding any changes in your financial circumstances.
Thinking Bankruptcy Will Discharge Child Support: Understanding that child support cannot be discharged in bankruptcy is crucial.

Conclusion

Handling child support during bankruptcy in Pennsylvania requires careful consideration and proactive management of obligations. By understanding the nuances of child support and bankruptcy, you can navigate this challenging time more effectively. Always consult with a legal professional to explore your options and ensure compliance with all regulations.