Can bankruptcy discharge child support? Can bankruptcy discharge child alimony?
Attorney Tom Olsen: My guest today is Attorney Jim Monroe. He’s a bankruptcy attorney right here in Orlando, and we’ve been talking about bankruptcy and things that it can discharge and not discharge. Can bankruptcy discharge or wipe out alimony and or child support?
Attorney Jim Monroe: Absolutely not. You are prohibited under the bankruptcy code from discharging an alimony or child support obligation.
Attorney Tom Olsen: Can back alimony or child support be paid over a period of five years under Chapter 13 bankruptcy?
Attorney Jim Monroe: You might be able to pay that over a period of five years, yes, but you need to be aware that the automatic stay does not apply to enforcement of child support these days because of the changes in the law in 2005. So your ex-spouse may be taking you back to court.
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