Can child support be discharged in bankruptcy?

No. Child support is classified as a domestic support obligation (DSO) under Section 523(a)(5) and is absolutely nondischargeable in every chapter of bankruptcy. This includes current support, back support (arrears), interest on arrears, and attorney fees awarded in connection with support. There are no exceptions.

Can alimony or spousal support be discharged in bankruptcy?

No. Alimony, maintenance, and spousal support are all classified as domestic support obligations and are nondischargeable under Section 523(a)(5). This applies in both Chapter 7 and Chapter 13. The obligation survives regardless of how old it is or how much is owed.

Can Chapter 13 help with child support arrears?

Yes. While Chapter 13 cannot discharge child support, it provides a structured 3-to-5-year plan to catch up on arrears while maintaining current payments. The automatic stay stops wage garnishment (temporarily), giving you breathing room. DSO arrears must be paid in full through the plan, but the plan can spread payments over the entire plan period.

What is the difference between a domestic support obligation and a property settlement?

A domestic support obligation (DSO) -- child support, alimony, maintenance -- is never dischargeable in any chapter. A property settlement from a divorce decree (like an equalization payment or debt assumption) is also nondischargeable under Section 523(a)(15), but only in Chapter 7. Before the 2005 BAPCPA amendments, property settlements could be discharged in Chapter 13. Today they cannot be discharged in either chapter.

Child Support and Alimony in Bankruptcy -- Never Dischargeable

The answer is no. Child support and alimony are classified as domestic support obligations (DSO) and are absolutely nondischargeable under 11 U.S.C. Section 523(a)(5). No chapter of bankruptcy can eliminate them. This includes back payments, interest, and attorney fees awarded in connection with support.

What Is a Domestic Support Obligation (DSO)?

The Bankruptcy Code defines a "domestic support obligation" in 11 U.S.C. Section 101(14A). It includes any debt that is:

Owed to or recoverable by a spouse, former spouse, child, child's parent or guardian, or a governmental unit
In the nature of alimony, maintenance, or support
Established by a separation agreement, divorce decree, property settlement, court order, or governmental determination
Not assigned to a nongovernmental entity (unless voluntarily for collection purposes)

What Counts as DSO

Child support -- current and arrears
Spousal support / alimony / maintenance
Health insurance premiums ordered as part of support
Attorney fees awarded as part of a support order
Interest and penalties on support arrears
State-assigned support claims (welfare reimbursement)

Why DSO Gets Absolute Priority

Domestic support obligations receive the highest priority in bankruptcy -- even above tax claims. Under 11 U.S.C. Section 507(a)(1), DSO claims have first priority after administrative expenses. This means:

In Chapter 7, any assets liquidated are used to pay DSO claims before almost any other creditor
In Chapter 13, DSO arrears must be paid in full through the plan, and the debtor must stay current on ongoing support as a condition of plan confirmation
In Chapter 11, the plan cannot be confirmed unless it provides for full payment of DSO claims

Chapter 13 requirement: You cannot get a Chapter 13 discharge unless you are current on ALL domestic support obligations that became due during the plan period. If you fall behind on child support during your Chapter 13 case, your case can be dismissed or your discharge denied.

How Chapter 13 Can Help with DSO Arrears

Even though bankruptcy cannot discharge support obligations, Chapter 13 offers real benefits if you are behind:

Structured Repayment

Chapter 13 lets you spread DSO arrears over a 3-to-5-year plan. Instead of facing immediate contempt proceedings or wage garnishment for the full arrearage, you can propose a plan that pays the arrears over time while maintaining current support.

Breathing Room

The automatic stay temporarily stops wage garnishment and collection actions -- including contempt proceedings in state court -- giving you time to reorganize your finances. However, the stay does NOT stop the following DSO-related actions:

Establishment or modification of support orders
Collection of support from property that is not property of the estate
Income withholding for current support
Medical support determinations
Paternity proceedings
Driver's license or professional license suspension for non-payment

Eliminating Other Debts

By discharging credit card debt, medical bills, and other obligations through Chapter 13 or Chapter 7, you free up income to actually pay support. This is often the most practical benefit of filing.

Property Settlements vs. Support -- Section 523(a)(15)

Divorce obligations come in two flavors, and the distinction matters:

Domestic Support Obligations (Section 523(a)(5))

Alimony, maintenance, child support. Never dischargeable. No exceptions.

Property Settlements (Section 523(a)(15))

Equalization payments, debt assumptions, and other financial obligations from a divorce that are NOT in the nature of support. Example: the divorce decree says you must pay your ex $20,000 as an equalization payment, or you must pay off a joint credit card as part of the property division.

Before 2005, property settlements were dischargeable in Chapter 13. After the BAPCPA amendments, they are nondischargeable in both Chapter 7 and Chapter 13.

The line between support and property settlement is not always clear. Courts look at the substance of the obligation, not just the label. A payment labeled "property settlement" may be reclassified as support if it was intended to provide for the needs of a spouse or child. This determination is fact-specific and may require a court ruling.

Frequently Asked Questions

Can I modify my child support if I file bankruptcy?

Bankruptcy does not modify child support. Only the family court that issued the support order can modify it. However, if your financial situation has changed significantly, you can petition the family court for a modification separately from the bankruptcy.

What if my ex files bankruptcy -- do they still owe me support?

Yes, absolutely. Your ex's bankruptcy does not eliminate their support obligation to you. DSO is nondischargeable in every chapter. You may need to file a proof of claim in their bankruptcy case to protect your rights.

Can I file Chapter 7 if I owe child support?

Yes. You can file Chapter 7 even with support arrears. The support debt will survive the case, but your other debts (credit cards, medical bills) can be discharged, freeing up income for support payments.

Will the automatic stay stop wage garnishment for child support?

Partially. The stay stops garnishment from pre-petition arrears, but income withholding for current support continues even during bankruptcy. Under Section 362(b)(2)(B), the stay does not apply to income withholding orders for support.

Related Resources

All Nondischargeable Debts -- Section 523(a) Overview
Complete List of All 19 Subsections
The Automatic Stay -- what it stops and what it does not
Free Discharge Eligibility Screener