The Impact of Bankruptcy on Child Support in Massachusetts

Bankruptcy is a legal process that allows individuals or businesses to eliminate or repay some or all of their debts under the protection of the federal bankruptcy court. In Massachusetts, as in other states, many individuals facing financial hardship may wonder how filing for bankruptcy will affect their child support obligations. Understanding this impact is crucial for parents dealing with both financial strain and child custody matters.

In Massachusetts, child support is considered a priority obligation. This means that child support payments are not dischargeable in bankruptcy, regardless of whether a person files for Chapter 7 or Chapter 13 bankruptcy. This provision ensures that children continue to receive financial support, even if a parent is experiencing serious financial difficulties. Consequently, parents in Massachusetts must remain current on their child support payments during the bankruptcy process.

Chapter 7 bankruptcy, often referred to as liquidation bankruptcy, does not allow for the discharge of child support arrears. If a parent is behind on payments and then files for Chapter 7, they are still liable for the full amount owed. The bankruptcy court will not eliminate these obligations, and the custodial parent may take legal action to collect overdue payments. This could include wage garnishments or asset seizures, illustrating the importance of keeping child support commitments even amidst financial turmoil.

In contrast, Chapter 13 bankruptcy, which involves a repayment plan, gives individuals the opportunity to catch up on missed child support payments over a specified period, typically three to five years. During this repayment plan, the debtor can make consistent payments towards their child support arrears, which can help avoid further legal complications or enforcement actions. However, the parent must continue to meet current child support obligations while making these payments.

Furthermore, it is important to note that any modifications to child support obligations must be made through the court. A bankruptcy filing does not change the legal requirements of child support, and any changes in financial situations should result in a motion filed in family court. A parent can request a modification if they can demonstrate that their financial circumstances have significantly changed due to bankruptcy; however, this must be substantiated with proper documentation and court approval.

Additionally, the bankruptcy process can impact other aspects of family law, including custody arrangements. Parents who file for bankruptcy may face additional scrutiny in family court, particularly if their financial troubles affect their ability to provide for their children. Courts may seek to ensure that children’s welfare is prioritized, which includes timely payment of child support.

In conclusion, while bankruptcy can provide relief to individuals struggling with overwhelming debt, it has specific implications for child support obligations in Massachusetts. Child support is deemed a priority, and the financial relief offered by bankruptcy does not extend to these obligations. Parents should remain mindful of their responsibilities and seek legal advice to navigate the complexities of bankruptcy and its impact on child support issues.