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Can attorney fees as child support be discharged in bankruptcy?

Can attorney fees as child support be discharged in bankruptcy?

Q: Is child support counted as income in a bankruptcy?

Child support payments are generally not counted as income when filing for bankruptcy. However, they must be disclosed as part of your financial situation. The court will consider your overall financial picture, including any income you receive, when determining your eligibility for bankruptcy relief.

Q: Can you include court fees in bankruptcy?

Court fees can be included in bankruptcy filings, but their dischargeability depends on the nature of the fees. Fees related to domestic-support obligations, like child support, are typically non-dischargeable. Other court fees may be discharged, but it's advisable to consult a bankruptcy attorney for specific guidance.

Q: Can you discharge court costs in bankruptcy?

Whether court costs can be discharged in bankruptcy depends on the type of costs. Generally, costs associated with domestic-support obligations, such as child support, are non-dischargeable. Other court costs may be eligible for discharge, but it's best to seek legal advice for clarity on your specific case.

Q: What cannot be wiped out by bankruptcies?

Bankruptcy cannot wipe out certain debts, including domestic-support obligations like child support and alimony, most student loans, certain tax debts, and debts incurred through fraud. Understanding what can and cannot be discharged is crucial, so consider consulting a bankruptcy attorney for personalized guidance.

Full question:

Can attorney fees that have been set up as a form of child support with wage assignment be discharged in bankruptcy?

Category: Bankruptcy
Date: 04/07/2025
State: National

Answer:

In bankruptcy cases filed on or after October 17, 2005, debts classified as domestic-support obligations cannot be discharged. A domestic-support obligation includes any debt owed to a spouse, former spouse, or child, or their legal guardians, that is related to alimony, maintenance, or support. This applies regardless of when the debt was incurred, whether before, on, or after the bankruptcy filing.

Attorney fees awarded in connection with alimony or child support are generally considered domestic-support obligations and are therefore non-dischargeable. This is because the recipient spouse benefits directly, as they would otherwise have to pay these fees themselves. Additionally, attorney fees related to post-divorce custody actions may also be deemed as support obligations, making them non-dischargeable.

If the attorney fees are solely the debtor's personal liability and not owed to a spouse or child, they may not fall under the non-dischargeable category. However, attorney fees intended for the maintenance or support of a former spouse or child remain non-dischargeable, even if paid to the attorney rather than directly to the spouse or child.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Which debt cannot be discharged by filing bankruptcy?

Certain debts cannot be discharged in bankruptcy, including domestic-support obligations like child support and alimony. This also encompasses attorney fees related to these obligations. Other non-dischargeable debts include most student loans, certain tax debts, and debts incurred through fraud. It's important to consult with a bankruptcy attorney to understand your specific situation.

Is child support counted as income in a bankruptcy?

Can you include court fees in bankruptcy?

Can you discharge court costs in bankruptcy?

Can attorney fees be included in bankruptcy?

Attorney fees can be included in bankruptcy filings, but their dischargeability varies. Fees related to domestic-support obligations, like child support, are typically non-dischargeable. If the fees are solely personal debts not tied to support obligations, they may be dischargeable. Consult a bankruptcy attorney for tailored advice.