65 Madison Ave · Suite 420 · Morristown, NJ · 07960

¡Attention TAC People!

Press 'p' on your keyboard to make this palette go away.

Max width: 1200px
Color Hex R G B
Blue from Logo#003d65 0 61 101
Darker Blue#021020 2 16 32
Red from Logo#780500 120 5 0
Darker Red#400000 64 0 0
Gray from Modern Firm Site#f3f2ed 243 242 237
Bright, Light Blue#ccebff 204 235 255
Form Input Background Blue#accfe6 172 207 230
Slightly Darker Blue#002e4d 0 46 77
Slightly Darker Gray#e6e5e0 0 46 77
Darker Gray#cccbc7 0 46 77
Lighter Logo Blue#005c99 204 235 255
Login Link Blue#598fb3 89 143 179
Slighty Lighter Red#99150f 153 21 15
Slighty Darker Gray#b3b2ae 179 178 174
Hunter Green#013b23 1 59 35
Lighter Green #025935 ? ? ?
Beige Charcoal #1f1e1e ? ? ?
"Metallic Gold" #D4AF37 ? ? ?
"Darker Green" #012e1b ? ? ?

Child Support Payments Are Still Expected After Bankruptcy

In New Jersey family law matters, courts always make decisions with the best interests of children in mind and generally believe both parents should be involved in a child’s life. While this means both parents might receive some type of access to a child such as physical custody or visitation rights, this also comes with certain responsibilities. One parent could be ordered to pay child support to help support a minor, and the obligation to make payments usually still exists even when a parent files for bankruptcy.

While some debts can be discharged by filing for bankruptcy, child support payments usually do not qualify for this, as both of a child’s parents have a responsibility to care for the child under law. This means a parent who filed for bankruptcy is expected to keep making any child support payments, and any actions in process to establish paternity or set up support payments will usually continue.

In addition to child support, other debts associated with a child usually cannot be discharged. This applies to expenses related to a child’s upbringing and may include bills for a child’s education or medical care. A parent is still entitled to late child support payments even when the other parent files for bankruptcy, and parents can seek help when not receiving payments. This way, government agencies may be able to garnish wages or make inquiries when support is overdue.

To avoid negative consequences, a parent should continue making payments and file a motion to modify a support order when considering bankruptcy. This could lower the amount of future payments, but a parent must pay the full amount of any late child support. This also applies when a change in circumstances like a layoff occurs, and legal assistance may be necessary when modifying an existing child support order.

Begin Your Conversation

  • Disclaimer: Contacting our firm via the internet does not create an attorney-client relationship. Please do not send any confidential information through this form.

Contact Our Morris County Office



Morristown / Morris County Law Office

65 Madison Ave

Suite 420

Morristown, NJ 07960

Morris County Mediation Office Map