If your co-parent in California has filed for bankruptcy and owes more than six months of back child support, it's important to understand that bankruptcy does not eliminate their obligation to pay child support. Here's what you need to know and the steps you can take:
1. Child Support Is Non-Dischargeable in Bankruptcy
Under both federal and California law, child support obligations, including arrears (past-due payments), are considered priority debts and cannot be discharged through bankruptcy proceedings. This applies to both Chapter 7 and Chapter 13 bankruptcies. Morgan & Morgan, Justia
2. Bankruptcy's Limited Impact on Child Support Enforcement
While filing for bankruptcy initiates an "automatic stay" that halts most collection activities, this stay does not apply to child support enforcement actions. Therefore, efforts to collect child support, such as wage garnishments or tax refund interceptions, can continue despite the bankruptcy filing. joyceholcomblaw.com
3. Enforcement Actions You Can Pursue
California's Department of Child Support Services (DCSS) offers various enforcement tools to collect unpaid child support, including: Minella Law Group
- Wage Garnishment: Automatically deducting child support payments from the non-custodial parent's paycheck.
- Tax Refund Interception: Seizing federal or state tax refunds to cover unpaid child support.
- License Suspension: Suspending driver's, professional, or recreational licenses of parents who are significantly behind on payments.
- Contempt of Court: Legal action that can result in fines or jail time for willful non-payment. Cage & Miles, Wikipedia
4. Interest on Arrears
In California, unpaid child support accrues interest at a rate of 10% per year. This interest continues to accumulate regardless of bankruptcy proceedings. Child Support Los Angeles, Investopedia
5. Debt Reduction Programs
If the owed child support is to reimburse the state for public assistance provided to the child, the non-custodial parent may be eligible for California's Debt Reduction Program. This program allows for a compromise on the amount owed to the government, but it does not reduce the amount owed directly to you. CA Child Support Services
6. Legal Assistance
Consider consulting with a family law attorney who can provide personalized advice and assist with enforcement actions. Additionally, DCSS can help enforce child support orders at no cost. Minella Law Group
Next Steps:
- Contact DCSS: Reach out to your local DCSS office to initiate or continue enforcement actions.
- Monitor Bankruptcy Proceedings: Stay informed about the bankruptcy case to ensure your rights are protected.
- Consult an Attorney: Seek legal advice to explore all available options for collecting the owed child support.
Remember, bankruptcy does not absolve a parent of their child support obligations, and there are resources and legal avenues available to help you collect what is owed. cageandmiles.com
Here are some more questions we've been asked by our clients regarding bankruptcy and child support.