Arrears on Child or Spousal support cannot be discharged or wiped out in bankruptcy. However, in a Chapter 13 bankruptcy, you can pay the arrears as part of your repayment plan. The arrears will be paid without any interest while you are in your Chapter 13 case. It is important to note that the bankruptcy does not stop the state court from enforcing support orders. This means that you can be sanctioned for the failure to pay your child or spousal support payments even though you have a Chapter 13 plan that proposes to pay the arrears. Normally the Division of Child Support Enforcement will stop any collection of arrears on child support while you are in a Chapter 13 bankruptcy though.
In addition, the bankruptcy code provides that your Chapter 13 case can be dismissed if you are not paying the child or spousal support payments that are due after your bankruptcy has been filed with the Court. It is very important that make sure the regular monthly payments are being made after you file a Chapter 13 bankruptcy. If you need to speak to an attorney, give us a call at 757-276-6555!