Ok Bankruptcy Law and Child Support

by Meagan Kania on February 22, 2011

Child Support and Bankruptcy Law:

As a Tulsa Lawyer who does both divorce and Oklahoma Bankruptcy the issue of discharging back or current child support is often asked.  The fact is that under Oklahoma Bankruptcy law,  Child support and or alimony is not dis-chargeable in either a chapter seven or a chapter 13 Bankruptcy in Oklahoma.

What this means to you if you are the obligor of a child support order either back support due or support going forward is that this debt not going to be discharged in your bankruptcy case.  Over the years I have encountered countless non-custodial parents who have huge amounts of back support due.  The problem is that not only do they owe back support but the back support is being charged interest at around 10%.  What we generally do in cases like this is to set up an arrearage payment designed to bring the back support current over a three year period.  The important thing to remember is that you should make sure that the arrearage payment is high enough that you actually work down the balance rather then to simply meet the interest due.  If not the obligation is never discharged and can never be discharged in bankruptcy.

If you are owed child support and there is a child support order in place your former spouse can not discharge the child support.  When either party files he or she must file an affidavit of domestic support.  This affidavit asks if you are owed or ordered to pay child support or alimony.  The party recieving the support will receive notice of the bankruptcy but once again the child support owed to you will not be discharged per Oklahoma Bankruptcy Law.

If you are having trouble meeting your other bills,  those that are dis-chargeable, bankruptcy in Oklahoma may be the solution for you.  Although you will not be able to discharge domestic support or child support the debts you do discharge may help in making the support obligation easier to manage.

Charles Kania Bankruptcy Lawyer Bankruptcy information 918-637-1546 in Oklahoma

Photo credit: jcoterhal

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