Table of Contents
- Domestic Support Obligations: Child Support and Alimony in Bankruptcy
- What Are Domestic Support Obligations?
- Can DSOs Be Discharged in Bankruptcy?
- What Happens If You’re Behind on Support Payments?
- Support Obligations vs. Property Settlements
- What If You’re the Recipient of Support?
- Common Mistakes in Bankruptcy and DSOs
- How a Bankruptcy Attorney Near You Can Help
- ReferU.AI Matches You With Attorneys Who Understand Family Financial Cases
- Final Thought: Bankruptcy Can Restructure, But Not Eliminate Family Responsibilities
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Navigating domestic support obligations like child support and alimony during bankruptcy can be complex and challenging. Understanding how these non-dischargeable debts are prioritized in bankruptcy law is essential for anyone facing financial hardship. Consulting with a qualified attorney near you can provide critical guidance to effectively manage these obligations.
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Learn how domestic support obligations, including child support and alimony, are treated in bankruptcy. Discover why these debts are non-dischargeable and the importance of consulting a bankruptcy attorney near you to navigate your financial responsibilities effectively.
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Mar 30, 2025 06:24 PM
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Domestic Support Obligations: Child Support and Alimony in Bankruptcy
When filing for bankruptcy, many people hope to eliminate overwhelming financial burdens—but child support and alimony (spousal support) are a different category altogether. Known as domestic support obligations (DSOs), these debts are treated with the highest priority in bankruptcy and are non-dischargeable, regardless of your chapter or financial hardship.
In this post, we’ll explain what DSOs include, how bankruptcy affects these obligations, and why working with a bankruptcy attorney near you is critical if your case involves family court orders.
💡 For every post in this series, scroll down to “Related Posts.”
What Are Domestic Support Obligations?
DSOs are debts owed to a spouse, former spouse, child, or governmental agency arising from:
- Child support
- Spousal support (alimony)
- Family law settlements or property divisions (if determined to be in the nature of support)
They are considered priority debts under bankruptcy law and receive special legal protection.
Can DSOs Be Discharged in Bankruptcy?
No. DSOs cannot be discharged in either Chapter 7 or Chapter 13 bankruptcy. These debts:
- Remain fully enforceable before, during, and after bankruptcy
- Continue accruing interest or penalties
- Must be paid in full in a Chapter 13 plan before unsecured creditors receive any payment
Even if you’ve discharged credit cards, loans, or medical bills, your support obligations are still legally binding.
What Happens If You’re Behind on Support Payments?
Filing bankruptcy won’t stop enforcement actions for past-due DSOs. Creditors (like your ex-spouse or child support agency) can:
- Garnish wages
- Intercept tax refunds
- Suspend driver’s licenses or professional licenses
- Pursue contempt of court actions
Bankruptcy courts cannot override family court support orders. However, a Chapter 13 bankruptcy can help you repay back support through a structured plan over three to five years.
Support Obligations vs. Property Settlements
Some debts from divorce may appear as property division, but courts often reclassify them as support. If you’re unsure whether a divorce-related obligation is dischargeable, a bankruptcy attorney near you can review your divorce decree and determine its legal treatment.
What If You’re the Recipient of Support?
If you’re owed support and your ex files bankruptcy:
- Their bankruptcy does not eliminate their obligation to you
- You may have priority status in receiving repayment through Chapter 13
- You can still pursue enforcement in family court
Common Mistakes in Bankruptcy and DSOs
- Believing support debts will be discharged
- Failing to disclose past-due obligations
- Omitting support payments in repayment plans
- Misclassifying family law debts in filings
How a Bankruptcy Attorney Near You Can Help
Bankruptcy involving family obligations is legally sensitive. A bankruptcy attorney near you will:
- Evaluate the nature of your DSO
- Structure Chapter 13 plans to satisfy legal requirements
- Help negotiate with family courts when appropriate
- Ensure you avoid contempt or post-bankruptcy penalties
ReferU.AI Matches You With Attorneys Who Understand Family Financial Cases
ReferU.AI connects you with a bankruptcy attorney near you who is experienced in handling DSOs, divorce-related debts, and the overlap between bankruptcy and family law. Our platform ensures you get matched with the legal help you need to protect yourself—and your family’s future.
Final Thought: Bankruptcy Can Restructure, But Not Eliminate Family Responsibilities
If you owe child support or alimony, bankruptcy won’t erase your obligations—but it can help you catch up, organize payments, and avoid enforcement actions. With expert guidance, you can restore your financial footing while honoring your responsibilities.
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