Does Bankruptcy Get Rid of Child Support in Maryland?

No. Child support is one of the debts bankruptcy cannot wipe out. Filing does not erase what you owe and it does not erase past-due support. What bankruptcy can do is clear other debt, like credit cards, medical bills, and personal loans, which frees up income so you can stay current on support and catch up on what you have fallen behind. If child support is part of a bigger debt problem, that is worth talking through.

Why Child Support Cannot Be Wiped Out

Some debts cannot be wiped out in bankruptcy. These usually include child support and alimony, most recent tax debt, and most student loans. Child support falls in that group, so filing Chapter 7 or Chapter 13 does not discharge it. This is the same point covered in our guide to what debts are not erased by bankruptcy.

How Chapter 7 and Chapter 13 Each Handle It

In Chapter 7, the goal is to clear qualifying debt so more of your income is free for the obligations that remain, including support. In Chapter 13, past-due amounts you have fallen behind on, such as arrears, are caught up over the life of the three to five year plan, and domestic support obligations have to be current before a case can finish. Which chapter fits depends on your income and what you owe.

Does Filing Stop Child Support Collection

This is a common worry, and it is a separate question from whether the debt is erased. The automatic stay stops many collection actions the moment you file, such as garnishment for ordinary debts, foreclosure, repossession, lawsuits, and collection calls. Child support collection is treated differently from ordinary debt, so the right move is to tell us your situation and we will explain how filing would affect it.

When Support Is Part of a Bigger Debt Problem

If you are behind on child support because credit cards, medical bills, or a lawsuit have taken over your budget, bankruptcy can clear that other debt and give you room to meet your support obligation. The goal is a plan that keeps you current with your family responsibilities while dealing with everything else. See How Do Chapter 13 Payments Work in Maryland.

Talk It Through

If child support is part of an unmanageable debt load, a short call can lay out your options. Free consult at 240-896-3253.

Related guides: Chapter 13 Bankruptcy in Maryland and Chapter 7 Bankruptcy in Maryland. Or book a free consult online.