Jacksonville Child Support Arrears and Bankruptcy Lawyer
When you’re struggling with child support arrears and considering bankruptcy in Jacksonville, Florida, understanding how these complex legal issues intersect is crucial for your financial future. At the Law Offices of Carol M. Galloway, we help clients navigate the challenging intersection of family law obligations and debt relief options. Attorney Carol M. Galloway provides compassionate and skilled legal representation to individuals facing overwhelming debt while managing child support obligations.
Understanding Child Support Arrears in Bankruptcy Proceedings
Child support arrears present unique challenges in bankruptcy cases because they are considered priority debts under federal bankruptcy law. Unlike credit card debt or medical bills, past-due child support cannot be discharged in either Chapter 7 or Chapter 13 bankruptcy. This means you will remain legally obligated to pay any outstanding child support amounts even after your bankruptcy case concludes.
However, bankruptcy can still provide significant relief for parents struggling with child support arrears. By eliminating other unsecured debts through Chapter 7 or Chapter 13 bankruptcy, you can free up income to address your child support obligations more effectively. This debt relief can help prevent further accumulation of arrears and provide a clearer path toward financial stability.
The Duval County Clerk’s Office processes child support payments and maintains records of arrears for cases handled through the Jacksonville courthouse system. When child support arrears become overwhelming, creditors and collection agencies may pursue aggressive collection tactics, including wage garnishment, asset seizure, and contempt of court proceedings. Filing for bankruptcy can provide immediate relief from other creditor harassment while you work to address your family law obligations.
How Chapter 7 Bankruptcy Affects Child Support Obligations
Chapter 7 bankruptcy can provide substantial benefits for parents dealing with child support arrears, even though the support debt itself cannot be discharged. By eliminating credit card debt, medical bills, and other unsecured obligations, Chapter 7 creates breathing room in your budget to prioritize child support payments.
During the Chapter 7 process, which typically takes three to six months, you must continue making current child support payments. The bankruptcy trustee will review your financial situation and ensure that child support obligations are properly classified as priority debts. Any tax refunds or other assets used to pay down arrears during the bankruptcy process will be carefully scrutinized to ensure compliance with both bankruptcy and family law requirements.
Parents considering Chapter 7 should understand that certain collection actions for child support may continue even during the bankruptcy automatic stay. The Florida Department of Revenue Child Support Enforcement Program can still pursue administrative remedies, including driver’s license suspension and passport restrictions, even while your bankruptcy case is pending.
Chapter 13 Bankruptcy Solutions for Child Support Arrears
Chapter 13 bankruptcy often provides the most comprehensive solution for parents struggling with child support arrears. This form of bankruptcy allows you to create a three to five-year repayment plan that addresses both your child support arrears and other debts in an organized, court-supervised manner.
Under Chapter 13, child support arrears must be paid in full through your repayment plan, but you can spread these payments over the life of your plan. This approach provides predictable monthly payments and protection from contempt of court proceedings as long as you remain current on your Chapter 13 plan payments. The plan also addresses current support obligations and ensures they continue without interruption.
Many parents find Chapter 13 particularly beneficial because it stops wage garnishments from other creditors, freeing up income to address child support obligations. The automatic stay protection prevents most creditor collection actions, allowing you to focus on your family responsibilities while working through your broader debt issues. The Duval County courthouse processes these cases through the Middle District of Florida Bankruptcy Court, located on North Hogan Street in downtown Jacksonville.
Jacksonville Child Support Arrears and Bankruptcy FAQs
Can bankruptcy eliminate my child support arrears?
No, child support arrears cannot be discharged in bankruptcy under any chapter. These obligations survive bankruptcy and must be paid in full. However, bankruptcy can eliminate other debts, freeing up income to address child support obligations more effectively.
Will filing bankruptcy stop child support enforcement actions?
Some child support enforcement actions may continue despite the bankruptcy automatic stay. Administrative actions like license suspension and income withholding typically continue, but contempt of court proceedings for arrears may be temporarily stayed in some circumstances.
How does Chapter 13 help with child support arrears?
Chapter 13 allows you to include child support arrears in your repayment plan, spreading payments over three to five years. You must pay current support plus a portion of arrears each month, providing a structured path to catch up on past-due amounts while protecting you from contempt proceedings.
Can I file bankruptcy if I’m behind on child support?
Yes, being behind on child support does not prevent you from filing bankruptcy. However, you must continue making current support payments during your bankruptcy case, and any arrears will remain your responsibility after the case concludes.
Will bankruptcy affect my ability to modify child support?
Bankruptcy itself does not directly affect your ability to seek child support modification through the family court. However, changes in your income due to job loss or other factors that led to bankruptcy may provide grounds for seeking a modification of current support obligations.
What happens to child support arrears in a Chapter 7 case?
Child support arrears remain unchanged in Chapter 7 bankruptcy. You will owe the same amount after your discharge as you did before filing. However, eliminating other debts through Chapter 7 can improve your ability to pay these obligations.
How long do I have to pay child support arrears through Chapter 13?
Child support arrears classified as priority debts must be paid in full through your Chapter 13 plan, which can last three to five years. The court will not confirm a plan that does not provide for full payment of priority child support obligations within the plan period.
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Contact a Jacksonville Child Support and Bankruptcy Attorney Today
Dealing with child support arrears while facing overwhelming debt requires experienced legal guidance to protect your rights and find the best path forward. At the Law Offices of Carol M. Galloway, we understand the unique challenges parents face when trying to meet their family obligations while struggling with financial difficulties. Our experienced Jacksonville child support and bankruptcy attorney takes the time to listen to your specific situation and develop intelligent, creative solutions tailored to your needs. We provide the high level of communication, availability, and accessibility that helps you feel confident throughout the legal process. Contact us today for a free confidential consultation to discuss how we can help you get your financial life back on track while meeting your parental responsibilities.
