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

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov