| Your children rely on regular child support payments | | | | pay it, you can file for Chapter 7 bankruptcy, and the |
| for all kinds of necessities: food, clothing, shelter, | | | | money made from the sale of your possessions is |
| medical attention. It's every parent's responsibility to | | | | used to pay off that debt. Under the BAPCPA, the |
| care for his or her child, and child support payments | | | | continued support of any children is considered a |
| are a way of enforcing a non-custodial parent's debt | | | | serious priority, and proceeds from the sale go |
| to his or her children. So what happens when the | | | | towards your court-ordered payment plan first, before |
| person supposed to make the payments files for | | | | creditors are able to take the money. |
| bankruptcy? Will it put your children's welfare into | | | | Chapter 13 is the other common type of personal |
| jeopardy? Can your children afford bankruptcy? | | | | bankruptcy, and it is a restructuring bankruptcy. In |
| Fortunately, even during bankruptcy proceedings, a | | | | Chapter 13, you present the courts with a plan to |
| parent is still required to make his or her court-ordered | | | | repay your debts over a set number of years with |
| child support payments. The welfare and care of the | | | | regular payments to your creditors. When child support |
| children is considered a top priority under American | | | | is involved, the payments are included in the court |
| law, and these obligations take precedence over the | | | | documents describing the repayment plan. For the |
| relief afforded by filing for bankruptcy. The recent | | | | Chapter 13 bankruptcy filing to be confirmed, there |
| Bankruptcy Abuse Prevention and Consumer | | | | must be clear plan to make regular child support |
| Protection Act (BAPCPA) helps clarify the rules | | | | payments. |
| surrounding such payments, and re-emphasizes the | | | | While the idea of having your former spouse enter into |
| importance of providing for and caring for one's | | | | bankruptcy may be initially scary, bankruptcy actually |
| children. | | | | allows him or her to make the child support payments |
| Chapter 7 bankruptcy is a type of liquidation | | | | on a more regular basis. Because the other |
| bankruptcy, in which non-exempt property is sold. The | | | | outstanding debts are being reduced, there will be |
| sale of these items is used to pay off one's creditors. | | | | more money available for the children. |
| For example, if you owe $10,000 to the bank and can't | | | | |