Child support is considered a domestic support obligation. As such, it is treated differently than other types of debt when you seek a traditional form of debt relief such as bankruptcy. If you can't meet your child support obligation, you should obtain a child support modification or set up a payment plan.
Bankruptcy
While bankruptcy does not discharge your child support debt, it can help you tackle the debt. In a Chapter 7 bankruptcy, your assets are first used to pay off child support debt and other domestic support obligations. If your child support debt is too overwhelming on top of your other financial responsibilities, liquidation of your assets could help pay off much of the debt while discharging your unsecured debts.
Payment Plans
If you owe more in back child support then you can currently repay, declaring Chapter 13 bankruptcy can help you avoid further legal action. Federal bankruptcy laws provide for you to restructure the back child support debt owed. Depending on the amount you owe, you can make monthly payments toward the debt for up to 60 months. While you make the monthly payments toward the back total owed, you must maintain your regular child support payments.
Modified Payments
When your child support payment amount is initially set, it is based on your income at the time. Other factors such as the amount of time you will care for the child and the total number of children you support are also taken into account when determining your monthly contribution. If any one of these situations changes, you may be able to have the amount of your monthly child support payment modified. Because the court will not modify the amount you already owe in back child support, it is important to seek modification as soon as possible to prevent additional debts you cannot afford from accruing.
Establishing the Need for Modified Payments
When you request modified payments, you need to be able to substantiate the reasons behind your request. For example, in Nevada a reduction of 20 percent or more in gross income is grounds for immediate modification. However, you must be able to prove the reduction. Your original child support order should state your gross income at the time that payment amount was determined. To prove your new income, you will need a W-2, 1099 or a series of pay stubs.
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