Bankruptcy Cannot Touch Child Support: The Debt That Survives Everything

Whatever his bankruptcy lawyer promises him, support is untouchable. Domestic support obligations survive every chapter, jump the creditor line, and keep collecting almost without pause.

What California Law Says

Domestic support obligations are nondischargeable in Chapters 7, 11, and 13, hold first priority among unsecured claims, and support collection from non-estate assets and post-petition income continues through exceptions to the automatic stay. Chapter 13 plans must provide for support arrears in full.

How to Collect, Step by Step

1. File your proof of claim in any bankruptcy as a priority domestic support creditor.
2. Continue income withholding — post-petition wages remain subject to support collection through the stay exceptions.
3. In Chapter 13, verify the plan pays your arrears in full; object if it does not.
4. Watch the trustee notices — support creditors receive specific bankruptcy notifications by design.
5. Resume full-spectrum enforcement the moment the case closes; discharge changed nothing about your debt.

Common Questions

He says his bankruptcy wiped the slate clean. What did it actually do?

It may have discharged his credit cards — which improves his ability to pay you. The support arrears passed through untouched, interest included.

Do I need a bankruptcy lawyer to protect the support claim?

The priority protections are largely automatic, and the proof of claim is a simple form — the kit includes a completed sample for support creditors.