My ex-husband filed a chapter 7 bankruptcy and included back child support as part of the bankruptcy. Payments stopped in january of 2018. I need to know how to override this decision and continue receiving child support payments? I live in the state of illinois and child support was included in the divorce decree.

Jeffrey Lippman ∙ September 20, 2019

Bankruptcy is largely Federal and while there are certain State exemption variations, Child Support is not dischargeable. It is highly unlikely the Child Support is not to be paid. This is likely a Chapter 13 and back Child Support will be paid over the life of the confirmed plan and normal Child Support will also resume. To change Child Support, he almos certainly needs to seek a Modification in the Domestic Court. To discuss this more fully, please schedule a consultation with your LegalZoom provider law firm.

Jeffrey Lippman's offices are located in Leesburg, Virginia. Mr. Lippman is licensed to practice law in the District of Columbia and the state of Maryland, and his comments may only apply to those jurisdictions. If your question applies to a different jurisdiction you should check with an attorney in that jurisdiction. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.


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