What about back spousal or child support?

Arrears or missed payments for child support or spousal support cannot be discharged or wiped out in bankruptcy. If you file a Chapter 7 bankruptcy, your former spouse can continue to seek enforcement of an order that awarded spousal support even while the bankruptcy is pending. Likewise, the Division of Child Support Enforcement can continue to collect for back child support.

For more information on how arrears on child or spousal support is handled in a Chapter 13, check out our answer under Chapter 13.

Edrie Pfeiffer
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Edrie Pfeiffer, Bankruptcy & Divorce Attorney