Bankruptcy and Child Support Payments in Tennessee

Bankruptcy is a legal process that allows individuals or businesses to seek relief from overwhelming debt. In Tennessee, like in many other states, the interplay between bankruptcy and child support payments can be a complex issue for those going through financial distress. Understanding how bankruptcy affects child support obligations is crucial for anyone considering these options.

It's important to note that in Tennessee, child support payments are not dischargeable in bankruptcy. This means that even if you file for bankruptcy, you will still be legally required to pay any child support obligations. The court considers the upkeep and support of children a priority, which is why these payments remain intact during bankruptcy proceedings.

In Tennessee, there are two main types of bankruptcy individuals can file: Chapter 7 and Chapter 13. Each has specific implications for child support payments.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy allows individuals to eliminate most types of unsecured debt. However, it does not eliminate child support arrears. If you owe back child support, it will remain your responsibility even after your bankruptcy case is finalized. Therefore, while you may be relieved of credit card debt and medical bills, past due child support will continue to accrue and may lead to further legal consequences if not addressed.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy, on the other hand, is a reorganization of debts. It allows individuals to create a repayment plan to pay off their debts over three to five years. In cases where child support obligations are present, they must be paid in full through the repayment plan. This means that while filing for Chapter 13 can provide some temporary relief from other debts, it does not excuse or discharge child support payments.

Throughout the bankruptcy process, individuals must remain compliant with their child support obligations. Failure to comply can lead to severe penalties, including wage garnishment, taxes, and even contempt of court. Courts take child support very seriously, and any delinquency could jeopardize your bankruptcy case as well.

Additionally, it's essential to communicate with the appropriate child support enforcement agencies in Tennessee during your bankruptcy proceedings. Keeping them informed about your financial situation might help in negotiating a more manageable payment plan if you are facing challenges in meeting your obligations.

In conclusion, while bankruptcy can provide a pathway to financial recovery, individuals in Tennessee need to be aware that child support payments are not affected by this process. Both Chapter 7 and Chapter 13 bankruptcies keep these obligations intact, emphasizing the importance of staying current on child support while managing other financial debts. Seeking advice from a knowledgeable bankruptcy attorney can help ensure that all obligations are understood and managed appropriately throughout this challenging time.