Effect of Bankruptcy Filing on Alimony and Child Support Collection

When an individual files for bankruptcy, the treatment of alimony and child support obligations differs from other types of debts. Despite the debtor's bankruptcy filing, alimony and child support payments are typically deemed nondischargeable. Therefore, the obligation to pay these forms of support remains intact, and the recipient can continue to pursue collection of these payments during and after the bankruptcy process.
In the context of Chapter 7 bankruptcy, alimony and child support obligations are prioritized over the dischargeable debts. This means that the debtor must continue to make these payments as required by the divorce or child support agreement. The bankruptcy filing itself does not halt the collection of alimony and child support. However, the automatic stay that accompanies the bankruptcy filing may temporarily pause any enforcement actions related to these payments, giving the debtor some breathing room to reorganize their finances.
In a Chapter 13 bankruptcy, the debtor typically enters a repayment plan to address their debts. Alimony and child support arrears are treated as priority claims and must be included in the repayment plan. Therefore, the debtor is still obligated to make ongoing support payments in addition to catching up on any arrears through the structured repayment plan. The recipient of alimony and child support can seek relief from the automatic stay to continue collection efforts, but they must do so through the bankruptcy court. Overall, while bankruptcy can provide some temporary relief, it does not absolve the debtor of their responsibilities regarding alimony and child support.