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Law Office of Randall A. Fischer P.A. At Stuart

2100 SE Ocean Blvd #203, Stuart,
Martin, Florida 34996
Phone: (772) 463-7737


Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206, Port St. Lucie
St. Lucie, Florida 34984-5232
Phone: (772) 463-7738


Randall A. Fischer, P.A. Law Office At Jupiter

1080 East Indiantown Road #104
Jupiter, Florida 33477
Phone: (561) 316-7111


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Can I discharge Child Support in Bankruptcy?

Can I discharge Child Support in Bankruptcy?

The Bankruptcy Code exempts domestic support obligations from discharge.  What that means is child support cannot be discharged in Chapter 7 or Chapter 13 bankruptcy.  I have had clients come into my office and talk about how they were unfairly treated by the mediator, the Judge, their attorney, or their circumstances have changed and they should not be obligated to pay for back child support.  Bankruptcy Court is not the forum to handle this type of dispute.  Issues with domestic support obligations are handled in state court.

If you are confronted with an issue about the amount of support you owe or your ability to pay, address this issue immediately.  Contact my office and I will see what can be done to address the issue.  Often clients wait, ignore, or even hide from these obligations.  This does not make the problem go away, it only makes it worse.

Rationalizing the situation does not address it either.  There are many rationalizations out there and none of them are valid:

1.  He/she is living with someone else and they have plenty of money to take care of the family.  Why should I have to pay?

2.  I have not been allowed to visit my child and, therefore, I should not be obligated to pay.  Child support and visitation are not a quid pro quo.

3.  I purchase something else for Christmas in lieu of paying child support.

4.  My ex has brainwashed my child against me and, therefore, I am no longer responsible.

5.  Although the mediated settlement agreement says I have to pay until X or when Y occurs, my child just turned 18 and those obligation shouldn’t apply.

6.  The kids spend more time with me than with my ex, therefore, I do not need to pay.

The list is endless.  The problem is if it is not backed up in writing and ordered by the Court, it will not remove or retroactively reduce your child support obligation, unless you first consult with a Lawyer.

The above rationalizations matter not to the Bankruptcy Code.  Address these situations when they arise before they become too great.

When you come into my office, let me know what is going on.  It is so important to get a full financial picture to be able to properly assess your situation.  If you are looking for bankruptcy lawyer in Stuart, Port St. Lucie or Jupiter FL, please give my office a call.  I can help you get through these difficulties.  You may not believe it, but life can get back on track.

 

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