Can Child Support Be Discharged in Bankruptcy?

 

When individuals find themselves overwhelmed by financial obligations and debts, filing for bankruptcy can provide a potential solution for obtaining a fresh start. However, not all debts can be discharged through bankruptcy proceedings. One such debt that is typically considered non-dischargeable is child support. In this article, we will explore the legal landscape surrounding child support and bankruptcy, highlighting the reasons child support is generally not dischargeable and providing relevant legal citations and resources.

1. Understanding the Non-Dischargeability of Child Support:

Child support is a legal obligation that parents have to financially support their children. Courts prioritize the best interests of the child, and as a result, child support debts are given special treatment in bankruptcy proceedings. The United States Bankruptcy Code explicitly classifies child support as a non-dischargeable debt in both Chapter 7 and Chapter 13 bankruptcies.

2. Relevant Legal Citations:

2.1 Section 523(a)(5) of the Bankruptcy Code:

Section 523(a)(5) of the Bankruptcy Code outlines the provision that makes child support non-dischargeable. It states that "a discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt for a domestic support obligation."

2.2 In re Smith, 828 F.2d 529 (2d Cir. 1987):

In the case of In re Smith, the Second Circuit Court of Appeals held that child support obligations are exempt from discharge in bankruptcy. The court emphasized the importance of ensuring the welfare of children and the public policy implications of allowing child support debts to be discharged.

3. The Rationale Behind Non-Dischargeability:

Child support obligations are considered to be of paramount importance, as they directly impact the well-being of children. The non-dischargeability of child support in bankruptcy serves to protect the child's right to financial support from both parents. Discharging child support debts could potentially leave children in vulnerable situations, impeding their ability to receive the necessary resources for their upbringing.

4. Resources and Further Reading:

To gain a more comprehensive understanding of the topic, readers can refer to the following external resource:

• "Child Support and Bankruptcy" by the United States Courts (https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/discharge-debts/child-support-and-bankruptcy)

This official website provides detailed information on child support and bankruptcy, answering common questions and offering insights into the legal aspects involved. It serves as a valuable resource for individuals seeking further clarification.

Conclusion:

While bankruptcy can provide individuals with relief from various types of debts, child support is not one of them. The non-dischargeability of child support obligations reflects the legal system's commitment to prioritize the best interests of children. By ensuring that child support remains an ongoing responsibility, the courts aim to safeguard the welfare of children and promote their financial stability. Understanding the legal framework surrounding child support and bankruptcy is crucial for individuals considering bankruptcy as a debt relief option.