Everyone knows that child support is considered to be a domestic support and is an obligation. So, it is going to be treated much differently than all other kinds of debts when you are trying to find some sort of debt relief like bankruptcy for example. There are times in your life where you have fallen on hard times and even though you sincerely want to be able to pay the child support you find that it’s nearly impossible to meet. If you find this to be your case, you really need to try to get some sort of support or modification done so that you can work it out.
Even though bankruptcy will not get rid of your child support debt, it can however help you to tackle it a little better. For instance with Chapter 7 bankruptcy your assets are going to be used to pay off any debt for child support that you have as well as any other domestic support you have to pay. If you are in a situation where the child support you are being asked to pay is far too overwhelming on top of all the other debt you may have, you may have to liquidate your assets so you get rid of most of your debts and then be able to handle the child support.
Now, if you actually owe more back support than you could ever possibly repay currently then you might want to think about filing for Chapter 13 bankruptcy. This will help to stop any further legal action being taken against you. The reason is that the federal bankruptcy laws will give you a way to restructure the back support that you owe. It will depend upon how much you owe, but you will be allowed to make monthly payments for the debt up to a total of 60 months.
When the child support is first set, it is based upon what you were making at that time. However, we all know things can change and situations can go bad due to losing a job and then getting another one that is for less pay. They also base the support on how little or how much you are involved in the child’s life and if there are any changes they should be reported. If the changes mean you are getting less money then you need to let them know and ask that the support payments me adjusted accordingly. However, you will only be given a modification if you don’t have any back child support. So make sure to seek a modification right away and don’t let yourself get behind in payments.
When you do ask for a modified payment plan you will need to be able to prove the reasons why you are requesting for modifications. So if you are unemployed and are unemployment then give them proof by a copy of your check. If you have had your hours cut at work then provide proof. If you lost a job and had to take one for less pay make sure you have checks from the old job to compare to the new job. You also need to make sure that you have W-2’s to show them as well.