Douglas County Bankruptcy Attorney Instantly connect with our office.
Douglas County Bankruptcy Lawyer Attorney Profiles Why Choose Us? Bankruptcy Practice Areas Is Bankruptcy Right For Me? Frequently Asked Questions Contact Us
$75 to file for Chapter 13 Choose a Law Firm That Cares $306 to file for Chapter 7
Alternatives to Bankruptcy
Chapter 13
Chapter 7
Chapter 7 vs Chapter 13
Creditor Harassment
Debt Consolidation
Debt Consolidation vs. Settlement
Debt Relief
Debt Settlement
Discharging Your Debt
Foreclosure Defense
Life After Bankruptcy
Loan Modification
Means Test
Small Business Bankruptcy
Tax Debt
The Process of Bankruptcy
Wage Garnishment
Areas We Serve
Other Practice Areas

Visit our Blog

Can Child Support and Alimony Be Included In a Bankruptcy?

The question often arises from many debtors as they begin to consider bankruptcy as a means of pulling themselves out of financial distress, "can I include child support or alimony in the bankruptcy?" The answer to this question depends on which obligation the debtor is attempting to include and whether he or she is considering filing a chapter 7 or chapter 13 bankruptcy.

With most bankruptcy filings the automatic stay will temporarily suspend all garnishments and foreclosure efforts on the part of creditors while the bankruptcy is being prepared. However, the automatic stay triggered once a chapter 7 or chapter 13 bankruptcy plan is filed does not suspend the payment for child support or alimony. This is because these obligations are considered priority debts. Priority debts have been given priority over all other debt. As such, debtors are typically unable to discharge them completely in a bankruptcy. These debts are also considered priority in that they are paid before other non-priority debts such as medical bills and credit card payments.

In a chapter 7 bankruptcy filing the trustee will collect money and other non-exempt assets from the debtor and use them to satisfy any obligations payable to the priority creditors. Any non-exempt assets left over after all priority creditors are paid will be used to pay the unsecured creditors. With a chapter 13 bankruptcy, the priority creditors will have to be paid in full during the bankruptcy repayment plan period.

Douglas County Bankruptcy Lawyers have guided thousands of clients through the chapter 7 and chapter 13 bankruptcy process. We will explain this unique relationship between your priority and non-priority debt obligations and provide the best plan for resolving your financial issue.

Attorney Web DesignThe information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Two (2) Addresses: 3400 Chapel Hill Road, Suite 100, Douglasville, GA 30135 Phone: (770) 485-6620

3330 Cumberland Blvd. SE, Suite 500, Atlanta, GA 30339 Phone: (770) 485-6620