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What happens to child support if the obligor has filed for Chapter 13 bankruptcy?

Under Chapter 13 bankruptcy, an ex-spouse has three to five years to catch up on all past due child support. This rule also applies to past due spousal support. Like Chapter 7, a former must stay up-to-date on support payments, both child and spousal, while in bankruptcy. Support obligations are not eliminated or reduced through bankruptcy.

In a Chapter 13 bankruptcy, wages cannot be garnished, but the debt repayment plan must include back child and spousal support as top priorities, which means that the spouse is paid before any other type of debt and paid in full.