Many people these days are facing divorce and bankruptcy at the same time. I’ve written blogs about the relationship between bankruptcy and divorce in the past, but the most recent question I received is one I have not addressed previously: “I have joint custody of my children and help pay for their expenses. Will I lose any custody rights if I file for bankruptcy?”
Will I lose Custody Rights?
Bankruptcy does not affect custody rights. If you currently have a custody or visitation agreement or order in place and need to file bankruptcy, you can rest assured that the bankruptcy will not change the determination. It is important to note that any agreement or order regarding child support will also remain unaffected by the bankruptcy.
Child Support is Non-Dischargeable
Child Support is a non-dischargeable debt, and whatever past due amount of child support you may owe and whatever amount you are obligated to pay on a monthly basis will remain the same unless a change is made through the Family Court.
If you are considering bankruptcy and are concerned with how it can affect your family, come in for a FREE consult with an experienced Arizona bankruptcy attorney. I will help you understand the process and we can devise a plan to suit your specific situation. Call (480) 648-8975 today to schedule a meeting.