Learn how bankruptcy will affect your child support case.

Your child(ren) need the consistent financial support of both their parents — even when one parent is struggling with debt. Here’s what both custodial and noncustodial parents need to know about how bankruptcy affects child support.

Bankruptcy and Noncustodial Parents

If you’re a noncustodial parent who owes child support, bankruptcy does not waive your child support responsibilities. Learn if and how your case will change.

I filed for bankruptcy. Now what?

If you have filed for bankruptcy, it is important that you notify the Child Support Division immediately. The relationship between child support and bankruptcy is complex. Contacting our office can help you determine the next step regarding your child support case.

Do I still have to pay for child support?

Yes, you are required to continue paying child support despite being in bankruptcy. Your current payment obligations remain in effect. Any arrears — or unpaid child support — cannot be cleared because of bankruptcy. 

Your bankruptcy may be affected if you stop paying your child support. The Office of the Attorney General is required to comply with federal bankruptcy laws and can use several methods to enforce child support responsibilities.

Can I modify my child support?

You may be eligible to have your support lowered by the court. 

To request a modification, you will need to show that you cannot meet your current obligation due to unemployment, reduced income, or a different change in circumstance.

Bankruptcy and Custodial Parents

If you are a custodial parent currently receiving child support and the noncustodial parent has filed for bankruptcy, you may have questions about how this can affect you.

Will I still receive child support?

Filing for bankruptcy does not end the noncustodial parent’s child support obligation. However, the noncustodial parent may request a payment modification.

Bankruptcy alone does not qualify them a lower payment.

What if I'm not receiving payments?

If your child’s other parent stops paying child support, the Office of the Attorney General will use several methods to enforce their child support responsibilities.