Do You Pay Child Support During a Bankruptcy in Florida?

Parents facing overwhelming debt in Florida often ask us the same worried question: “If I file for bankruptcy, do I still have to pay child support?” The answer is yes — and understanding why is the key to seeing how bankruptcy can actually help you meet that obligation instead of falling further behind on it.

The Short Answer: Child Support Never Stops

Bankruptcy law treats child support differently from almost every other debt. Under the Bankruptcy Code, child support is a “domestic support obligation” — a category Congress deliberately placed at the top of the pile:

• It is nondischargeable. Neither Chapter 7 nor Chapter 13 can erase current child support or past-due arrears. You cannot wipe out what you owe your children.
• It is a first-priority debt. If a trustee recovers money in your case, support arrears get paid before credit cards, medical bills, and most other creditors see a penny.
• The automatic stay does not stop it. The moment you file, the automatic stay halts most collection activity — but the law carves out an exception for child support. A case to establish, modify, or collect support can continue, and income withholding from your paycheck keeps running during your bankruptcy.

So your monthly support payment continues exactly as ordered, before, during, and after your case.

Child Support in a Chapter 7

In a Chapter 7 bankruptcy, you keep making your regular support payments while the case is open — typically only a few months. Any arrears you owe survive the discharge and remain fully collectible afterward.

Here is the part most people miss: Chapter 7 often makes support easier to pay. By discharging credit card balances, personal loans, and medical debt, Chapter 7 frees up the income that was being swallowed by minimum payments — income that can now go where it matters most.

Child Support in a Chapter 13

Chapter 13 is frequently the stronger tool for a parent who has fallen behind, because it deals with arrears head-on:

1. Past-due support goes into your repayment plan. The arrears must be paid in full through the three-to-five-year plan — but you pay them in structured, manageable installments instead of facing license suspensions, contempt hearings, or jail for nonpayment.
2. Ongoing support must stay current. Staying current on post-petition support is a condition of confirming your plan and of receiving your discharge at the end. The court will require certification that your support is paid up before your remaining debts are wiped out.
3. Other debts get restructured around it. Your support obligation is built into the plan first; unsecured creditors are paid from what is left.

For parents being threatened with a suspended driver’s license or contempt of court over back support, a well-built Chapter 13 plan can be the organized path back to solid ground.

What Bankruptcy Cannot Do

The bankruptcy court will not lower your monthly support amount. If your income has genuinely dropped and the ordered amount is no longer realistic, that is a job for the Florida family court through a child support modification — a separate proceeding we can also guide you through.

What If You Receive Child Support?

The protection cuts both ways. If your ex-spouse files for bankruptcy, the support they owe you and your children survives their case. And if you are the one filing, support payments you receive are generally protected for your family’s needs — they are not taken to pay your creditors.

Get a Plan That Protects Your Kids and Your Finances

Every case is different — how much you owe, whether you are behind, and which chapter fits your income all change the strategy. Before you fall further behind on the payments that matter most, get the facts. Call the Law Offices of Patrick L. Cordero at (305) 267-3376 or request a free consultation and we will build a plan that handles your debt without ever putting your child support at risk.