Missouri Bankruptcy Laws and Child Support Payments

Understanding Missouri bankruptcy laws is essential, especially for those facing financial hardships while also having child support obligations. In Missouri, like in many states, child support payments are treated distinctly in the bankruptcy process. This article provides a comprehensive overview of how Missouri bankruptcy laws intersect with child support payments.

When an individual files for bankruptcy in Missouri, it’s important to note that child support payments remain a priority debt. Bankruptcy does not eliminate the obligation to pay child support; thus, parents must continue to make their payments regardless of their bankruptcy status. This designation means that unpaid child support is not dischargeable through bankruptcy, and the payments must still be made in full.

In Missouri, there are two primary types of bankruptcy individuals may pursue: Chapter 7 and Chapter 13. In a Chapter 7 bankruptcy, a debtor can eliminate most unsecured debts, but it does not wipe out child support arrearages. If you have fallen behind on your support payments prior to filing for bankruptcy, you will still owe these amounts post-bankruptcy, and the court may take steps to ensure the obligation is fulfilled.

On the other hand, Chapter 13 bankruptcy permits individuals to create a repayment plan to pay off their debts over three to five years. In this scenario, child support payments must continue to be made while the debtor pays off other debts. In fact, past due child support may be included in the repayment plan, but it must be paid in full by the end of the plan term. Failing to stay current with child support during a Chapter 13 bankruptcy can result in dismissal of the bankruptcy case.

An important aspect of Missouri bankruptcy law is that child support obligations are classified as non-dischargeable debts, which means the court cannot eliminate these payments even if a debtor qualifies for bankruptcy relief. Parents who owe back child support may find themselves in a precarious financial situation, but it's vital to maintain these payments to avoid additional legal consequences, such as wage garnishments or license suspensions.

It's also critical for debtors in Missouri to communicate with their child support recipients and remain transparent about their financial circumstances. Filing for bankruptcy may sometimes necessitate a modification of child support payments, which can be pursued through the family court system. However, this modification process must adhere to specific legal standards and cannot be resolved through bankruptcy alone.

In summary, Missouri bankruptcy laws clearly delineate that child support payments are a priority, non-dischargeable obligation. Individuals considering bankruptcy should carefully evaluate their financial situation, ensure compliance with ongoing child support payments, and consult with a legal professional to navigate the complexities of both bankruptcy and family law. By understanding these laws, parents can make informed decisions about their financial futures while prioritizing their children’s needs.