Bankruptcy and Child Support in Kentucky: What You Need to Know

When facing financial difficulties, many individuals consider filing for bankruptcy as a way to relieve their debts. However, if you are a parent in Kentucky, understanding how bankruptcy interacts with child support obligations is crucial. This article will provide you with essential information about bankruptcy and child support in Kentucky.

In Kentucky, child support payments are treated differently from other types of debt during bankruptcy proceedings. It is important to note that child support obligations are not dischargeable in bankruptcy. This means that even if you file for Chapter 7 or Chapter 13 bankruptcy, you are still required to pay any past due or ongoing child support payments.

Chapter 7 bankruptcy allows individuals to eliminate unsecured debts, such as credit card debt or medical bills. However, child support is classified as a priority debt, which must be paid in full before other unsecured debts can be discharged. This means that if you are behind on child support, you must continue making those payments, even if you are seeking relief from other debts.

In contrast, Chapter 13 bankruptcy allows you to create a repayment plan to pay off debts over three to five years. Child support payments must also be included in this repayment plan. If you fall behind on child support while in a Chapter 13 repayment plan, you could face legal consequences, including wage garnishment or even contempt of court.

It's also essential to understand that filing for bankruptcy may affect your ability to make child support payments. If your income decreases as a result of the bankruptcy process, you may find it challenging to meet your financial obligations. In such cases, it’s advisable to revisit your child support agreement. In Kentucky, you can petition the court to modify your child support payments if you can demonstrate a significant change in your financial circumstances.

Additionally, creditors cannot pursue bankruptcy debtors for child support arrears through bankruptcy proceedings. This means that while you work through your bankruptcy case, creditors cannot take legal action against you for owing child support. However, failure to keep up with child support payments can lead to serious penalties, such as loss of your driving privileges or tax refunds.

For those considering bankruptcy while having child support obligations in Kentucky, it’s highly recommended to consult with a qualified attorney who specializes in family law and bankruptcy. They can provide you with tailored advice based on your unique situation and help you navigate the complexities of both processes.

In summary, if you are dealing with bankruptcy and child support in Kentucky, remember that your child support obligations will remain intact and must be prioritized in any bankruptcy case. Understanding your rights and responsibilities can help you better manage your financial situation while fulfilling your parental duties.