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Smith & Garg - Attorneys at Law
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Domestic Dispute



Children & Divorce



Family Disputes



 

Child Support Enforcement

FAQ's

Smith & Garg, Child support LawIf the non-custodial parent files bankruptcy, does this terminate child support?

The bankruptcy filing does not terminate the child support obligation but may require motion to be filed in the bankruptcy.  Child support, temporary support or post divorce spousal support cannot be discharged in bankruptcy.  However, as soon as it is filed, Federal law imposes an automatic stay on the collection of all debts.  This does not terminate the obligation but stays collection efforts until the court signs an order lifting the stay.  Once that is done, a motion to enforce can be filed to collect the past due support.

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