Skip to main content
(678) 915-2634 Contact Us
Bankruptcy and Child Support Atlanta, GA

Personal Attention & Experience Since 1971 Family-Owned, Family Focused

Client Reviews

Bankruptcy and Child Support

upset couple turning back on each other

Whether a parent is paying child support or receiving it, they might wonder how a possible bankruptcy could affect their responsibilities or ability to care for their children. Perhaps this question is based on a common misconception in which filing for bankruptcy relieves a parent of their duty to pay child support. To be clear, courts place a high value on the obligation of parents to financially provide for their children. Therefore, a bankruptcy generally will not relieve a parent of their duties to pay child support. Given the complex dynamic between bankruptcy and child support, however, individuals are strongly encouraged to contact an experienced bankruptcy attorney for guidance and help with their case.

According to Find Law, when filing for Chapter 13 bankruptcy or Chapter 7 bankruptcy, debts “in the nature of support” cannot be discharged. These debts are those incurred relating to the welfare and upbringing of a child (medical bills are an example). However, if a parent has fallen behind on their child support payments before filing for Chapter 13 bankruptcy, they can use the bankruptcy to restructure their debts and develop a plan to catch up on missed payments. Child support payments are considered “priority debts,” and are placed ahead of other debts.

Without question, the issue of child support in bankruptcy is unique, and this explains why the automatic stay doesn’t apply in such cases. In other words, while the automatic stay prohibits creditors from harassing individuals after they file for bankruptcy, it does not prevent intervention in order to obtain or modify an order for child support. Even if a person completes a bankruptcy case and is discharged, they are still responsible for all child support payments.

If you are considering bankruptcy, yet you have questions pertaining to child support, Gingold & Gingold, LLC, will provide the personal attention and experience you need. Call today to schedule a free initial consultation!

Posted on behalf of Jamie L. Gingold, PC

195 14th Street NE #1604
Atlanta, GA 30309

Phone: (678) 915-2634


First Free

    DisclaimerPrivacy Policy

    I have read the Disclaimer and Privacy Policy

    Our Client Reviews

    Jamie L. Gingold, PC
    5.0 / 5.0

    Based on 28 reviews

    Jack L.

    They did an excellent job with my case. Jamie took the time to really listen and understand things. She delved into the details and was extremely knowledgeable and non judgmental. Very professional and they know what they are doing. Would definitely recommend!

    Karen B.

    Dear Mr Gingold, There are so many reasons to be thankful for all you have done and will do. Anyone who has ever had unfavorable experiences with an attorney or the legal system will feel the trepidation that I experienced once I realized that my situation seemed hopeless. It was by chance and happily good luck that I decided to put my future and sanity into your hands. I was mortified at having to deal with my debts by claiming bankruptcy. I remember in our first meeting how you assured me that I was not alone and should not feel ashamed. And, anyone in this position obviously does not have money to spare and you were clear about all the costs and allowing me to pay according to my own ability to do so. You advised me in all aspects of the law, but also, you were at each meeting incredibly supportive and complementary of my personal and professional plans. Anyone else in this situation should feel blessed to have access to your expertise and support.

    Lyla B.

    I thought the process of filing bankruptcy was going to be a difficult one. However, Gingold & Gingold treated me with respect and dignity from the moment I walked through their door. I had the pleasure of working with Jamie. She is very responsive, professional, and knowledgeable. She took the time and listened to my every concern and handled each and every one of them to my satisfaction. My experience with filing bankruptcy under Gingold & Gingold's representation exceeded my expectations in a major way. They gave me such a peace of mind. I am very pleased with my decision of going with Gingold & Gingold to represent me when I filed Chapter 13 bankruptcy.

    Julie T.

    Wow! I am finally out of debt and can say that I am debt free after completing my chapter 7 bankruptcy case with Gingold and Gingold. Mr dangled was very knowledgeable and direct with regard to my debt situation. there were no surprises and the case went as I was advised. The staff was also very helpful whenever I had a question. I will definitely recommend them in the future to my friends.

    Julie T.

    I contacted getting old and getting old regarding some old tax debt and credit card debt that I needed to address and had been putting off. miss Irving in the office was very very nice and put me at ease. I met with Jaime Gingold. She was very nice and explained the procedure to me and what would be left owing to the Internal Revenue Service and the State of Georgia after my case was done. My case has now been completed and I am on my way to a new start. Thank you Gingold and Gingold for all of your help.

    Anna T.

    Amazing! Outstanding!! They went over and beyond..I would recommend them to anyone needing a lawyer!!

    Write a review