What to Do When the Other Parent Files for Bankruptcy to Avoid Child Support

California Child Support Recovery System | Justice Foundation

Child support is one of the most protected debts in the American legal system. Federal bankruptcy law specifically exempts child support obligations from discharge — meaning a parent cannot eliminate child support arrears through bankruptcy, regardless of which chapter they file. Understanding this protection ensures you don’t back down from enforcement when the other parent tries to use bankruptcy as a shield.

Child Support Is Non-Dischargeable

Under 11 USC Section 523(a)(5), domestic support obligations — including child support — are explicitly non-dischargeable in bankruptcy. This applies to both Chapter 7 liquidation bankruptcy and Chapter 13 reorganization bankruptcy. The paying parent cannot discharge current child support obligations, cannot discharge accrued arrears, and cannot discharge accrued interest on arrears. Bankruptcy does not reduce, modify, or delay child support in any way. It simply doesn’t apply.

What Bankruptcy Does Affect

When a paying parent files bankruptcy, the automatic stay — which generally halts all collection actions against the debtor — does not apply to child support enforcement. DCSS can continue income withholding, tax intercept, license suspension, and passport denial through a bankruptcy proceeding without violating the automatic stay. Child support enforcement is specifically exempted from the automatic stay under 11 USC Section 362(b)(2).

Priority Status in Bankruptcy

In a Chapter 13 bankruptcy, domestic support obligations including child support are “priority claims” — meaning they must be paid in full through the reorganization plan before most other creditors receive anything. If the paying parent proposes a Chapter 13 plan that doesn’t provide for full payment of child support arrears, you can object to plan confirmation and the court cannot confirm the plan over your objection.

What to Do When Bankruptcy Is Filed

When you receive notice of a bankruptcy filing by the paying parent, file a proof of claim in the bankruptcy case identifying the full amount of child support arrears owed, including principal and accrued interest. Do this promptly — there are deadlines for filing proofs of claim. Notify your DCSS caseworker that a bankruptcy has been filed so they can monitor the case. Continue all enforcement actions that are exempt from the automatic stay. The Justice Foundation kit covers the proof of claim filing process and bankruptcy monitoring procedures.