Threats of, “I’ll file for bankruptcy before you see any child support,” are made regularly to the clients we represent at JacksonWhite. If your spouse, ex-spouse or significant other is trying to scare you with a threat like this, do not worry. The threat is not valid.
The Bankruptcy Court sees both child support and alimony as a type of debt referred to as “Domestic Support Obligation” or “DSO”. If the debt owed is child support or spousal maintenance (alimony) it will not be discharged in a Chapter 7 or Chapter 13 bankruptcy proceeding. In fact, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 takes it a step further. The Act states that back child support and alimony must be paid before any other creditor.
If you receive support from a person contemplating bankruptcy, it is important that you don’t sit back and not take action either. Filing a “nondischargeability complaint” will make sure your interests are protected. A competent family law attorney can assist you while protecting your interests against a parent or ex-spouse threatening bankruptcy.
For more information on family law and bankruptcy, feel free to contact myself, Arizona Family Law attorney Tim Durkin at 480-779-7972.