When facing overwhelming debt, bankruptcy offers relief—but not for all obligations. Child support is one debt that cannot be eliminated through bankruptcy. This post explains how child support is treated under Georgia bankruptcy law and strategies to manage arrears while protecting your financial future.
Child Support in Bankruptcy: Federal vs. Georgia Law
Bankruptcy is governed by federal law, but state rules influence enforcement. In Georgia, child support is classified as a Domestic Support Obligation (DSO), which includes court-ordered child support, alimony, and related expenses. Under the U.S. Bankruptcy Code (§ 523(a)(5)), DSOs are non-dischargeable in both Chapter 7 and Chapter 13 bankruptcy. Georgia courts strictly enforce this rule, prioritizing child welfare over debt relief.
Key Rules for Child Support in Bankruptcy
1. Chapter 7 Bankruptcy
- No Discharge: Child support debt survives Chapter 7. Arrears (past-due payments) and future obligations remain enforceable.
- Automatic Stay Exceptions: Filing Chapter 7 stops most creditors, but Georgia child support agencies can still:
- Garnish wages
- Intercept tax refunds
- Suspend licenses
- Place liens on property
- Post-Filing Income: Wages earned after filing are not part of the bankruptcy estate, allowing continued enforcement.
2. Chapter 13 Bankruptcy
- Repayment Plan: While child support debt isn’t discharged, Chapter 13 lets you catch up on arrears via a 3–5 year repayment plan.
- Arrears are treated as priority debt, paid before credit cards or medical bills.
- You must also stay current on ongoing support during the plan.
- Discharge Conditions: To complete Chapter 13, you must prove all child support payments are up-to-date.
Georgia-Specific Considerations
- Enforcement Tools: Georgia’s Child Support Services Division (CSSD) aggressively enforces payments using:
- Wage garnishment
- Driver’s license suspension
- Passport denial
- Credit bureau reporting
- Liens: If CSSD files a lien on your property (e.g., home, car), it survives bankruptcy. While personal liability for arrears is erased in Chapter 13, the lien remains until paid.
- Modifying Support: Bankruptcy doesn’t lower future payments. To adjust amounts, file a petition in Georgia family court—not bankruptcy court.
- Georgia Statutes: Familiarize yourself with Georgia statutes governing child support enforcement, such as O.C.G.A. § 19-6-30, which outlines the duties of the CSSD.
How Bankruptcy Can Indirectly Help with Child Support
Though child support debt persists, bankruptcy can free up income to meet obligations:
- Chapter 7: Eliminates unsecured debts (credit cards, medical bills), freeing up income for child support.
- Chapter 13: Consolidates debts into one payment, potentially reducing monthly obligations to other creditors.
Example: John, an Atlanta resident, owes $20,000 in child support and $50,000 in credit card debt. Filing Chapter 7 wipes out the credit card debt, allowing him to redirect funds toward arrears. If he files Chapter 13, he repays arrears over 5 years while keeping assets like his home.
What Happens If You Ignore Child Support During Bankruptcy?
Failing to pay child support in bankruptcy has serious consequences:
- Chapter 7 Dismissal: Courts may dismiss your case for non-payment.
- Chapter 13 Plan Failure: Missed payments lead to dismissal, leaving all debts (except discharged ones) enforceable.
- Contempt Charges: Georgia courts may impose fines or jail time for willful non-payment.
Strategies for Managing Child Support in Georgia Bankruptcy
- File Chapter 13 for Arrears: Use a repayment plan to catch up without losing assets.
- Adjust Your Budget: Work with a bankruptcy attorney to prioritize child support in your financial plan.
- Seek Modifications: If income drops, petition family court to reduce future payments—don’t wait for arrears to pile up.
- Communicate with CSSD: Proactively negotiate payment plans to avoid liens or garnishment.
- Document Everything: Keep detailed records of all payments and communications with CSSD.
Case Study: Balancing Bankruptcy and Child Support in Georgia
Maria, a single mother in Macon, owed $15,000 in child support and $40,000 in medical debt. She filed Chapter 13, consolidating her arrears into a 5-year plan. By discharging $35,000 of medical debt, her monthly plan payment became manageable. She stayed current on new support obligations and retained her car and home.
What If You’re Receiving Child Support?
- Chapter 7: Child support income must be listed on bankruptcy forms but is protected from creditors.
- Chapter 13: Support payments may lower your plan payment if they reduce disposable income.
The Bottom Line
Child support debts cannot be discharged in Georgia bankruptcy. However, strategic filing can help you:
- Catch up on arrears (Chapter 13).
- Eliminate competing debts to free up income.
- Avoid severe penalties like license suspension.
Consult a Georgia bankruptcy attorney to navigate these complex rules. With proper planning, you can meet support obligations while rebuilding financial stability.
Need Help? Georgia residents can contact local legal aid organizations or the State Bar of Georgia’s lawyer referral service for affordable assistance.
Additional Resources
- Georgia Child Support Services Division (CSSD): Offers resources and guidance on managing child support obligations.
- Georgia Bankruptcy Courts: Provide information on bankruptcy procedures and local rules.
- State Bar of Georgia: Offers legal resources and referrals for bankruptcy and family law matters.
By understanding the rules and strategies outlined here, you can better manage child support obligations during bankruptcy in Georgia. Remember, while bankruptcy can’t eliminate child support debt, it can help you manage other financial burdens to ensure compliance with support orders.
Disclaimer
The information provided on this blog is for general informational purposes only and is not intended to serve as legal advice. While I am a paralegal, I am not a licensed attorney, and the content shared here should not be construed as such.
No attorney-client relationship is formed through the use of this blog or by any communication with me. For specific legal advice tailored to your situation, please consult with a qualified attorney who is licensed to practice law in your jurisdiction.
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