Child Support - Does Bankruptcy play a part in determining the income of
either parent for the purposes of calculating child support obligations?
Question
Does Bankruptcy play a part in determining the income of either parent
for the purposes of calculating child support obligations?
My ex-wife and I are currently involved in an Friend of the Court requested
child support review and she has filed for bankruptcy during that same
time frame. A recommendation from the Friend of the Court came thru
that references adjustments to her income but they were very vague.
Answer
The Child Support Formula is based upon the current income of the parties.
Bankruptcy does not affect the child support calculation, as bankruptcy
deals with the discharge of debts that have accumulated at the time of
filing. Child support arrears are not a dischargable debt, but are
made a part of the plan and are not collected through income withholding
(only current support or arrears that accumulated after the filing of the
bankruptcy case are collected through that means).
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Last Updated: 6-30-07
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