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The potential effects of bankruptcy on child support

On Behalf of | Nov 24, 2021 | Child Support |

When parents decide they no longer belong together as a couple, their top priority is the care and health of their children. In Texas, as everywhere in the nation, one parent will probably be paying child support as indicated by an agreement between the parents or by a court order. There are things that happen in life over which many people have no control, and some of those issues can affect a person’s financial well-being. What happens when the parent paying child support has to declare personal bankruptcy?  

A child support modification may be justified  

Just because the payor of child support declares bankruptcy does not mean he or she is off the hook regarding support payments. Children’s best interests are protected by law, which says children’s needs must be met. When a payor is having trouble making support payments, a modification of a child support order may be helpful – at least in the short term. When the payor’s financial circumstances improve, he or she must make up any payments in arrears. 

Seeking help and assistance in these situations  

When a parent is financially bankrupt, debts that have been amassed in relation to taking care of children will be not be discharged. These types of debts could include paying the medical bills of an ill child. The debts are outlined when an individual files for Chapter 7 or Chapter 13 bankruptcy. 

Texas laws always look to the best interests of children. Even if the payor of child support has a dwindling bank account, he or she is still obligated to make payments. Getting a lawyer’s advice regarding a support order modification may be helpful in these circumstances.