Pursuing Child Support Against Bankrupt Debtor

When an individual files bankruptcy an automatic stay goes into affect which forbids a creditor from taking action outside the bankruptcy process to action to collect a debt. The creditor cannot call or write to the debtor demanding payment, pursue a collection action in court or garnish the debtor’s wages or property. Domestic support obligations, including child support and spousal maintenance are somewhat of an exception to the automatic stay. Thus while a credit card company with a judgment against an individual would have to cease garnishing the person’s wages on the day the bankruptcy is filed, an order to withhold child support from the individual’s wages would continue in effect. The law makes some subtle distinctions however that could create pitfalls for someone who aggressively pursues these debts without consulting a bankruptcy attorney . For example the bankruptcy law allows the custodial parent to bring a motion to establish or modify child support during the payor’s bankruptcy, but an action to hold the debtor in contempt of court for past unpaid child support would be a violation of the automatic stay. This of course does not mean that the delinquent child support is discharged by bankruptcy, only that certain actions to collect the support are not allowed while the bankruptcy is pending.