Bankruptcy can have different implications for alimony (spousal support) and child support payments in Louisiana. It’s important to note that bankruptcy laws prioritize the financial support of dependents and protect the rights of children and former spouses who rely on support payments. Therefore, child support and alimony obligations generally survive bankruptcy and must be prioritized.
If you’re experiencing difficulty meeting your support obligations, bankruptcy may help you manage other debts and improve your overall financial situation. However, it’s crucial to consult with a knowledgeable bankruptcy attorney and, if necessary, a family law attorney to fully understand your rights and responsibilities regarding alimony and child support.
At Simon Fitzgerald LLC, our experienced bankruptcy attorneys provide accurate and insightful information to guide you through this complex matter. Understanding the implications of bankruptcy on these payments is essential, and we are here to assist you every step of the way.
Are alimony and child support debts dischargeable in bankruptcy in Louisiana?
Alimony and child support debts are non‑dischargeable in bankruptcy proceedings in Louisiana, emphasizing the legal and moral obligation to fulfill these financial responsibilities. Our knowledgeable attorneys will provide you with robust and persuasive answers, ensuring you understand the non‑dischargeability of these debts and the importance of meeting your obligations.
- Alimony (spousal support): Court‑ordered alimony or spousal support obligations cannot be eliminated through bankruptcy. These obligations are considered priority debts and must be paid in full as required by the divorce decree or court order. Failure to meet these obligations can result in serious legal consequences and financial repercussions.
- Child support: Child support debts are also non‑dischargeable in bankruptcy. The responsibility to provide financial support for your child is a legal obligation that cannot be discharged through bankruptcy. The well‑being and care of your child should always be a top priority, and fulfilling your child’s support obligations is crucial for their stability and future.
Even if you file for bankruptcy, you remain obligated to make regular alimony and child support payments as determined by the divorce decree or court order. Our experienced attorneys will guide you through the process, ensuring compliance with your obligations and protecting your rights as you navigate the complexities of bankruptcy and family law.
How are ongoing alimony and child support payments treated in a Chapter 13 bankruptcy repayment plan in Louisiana?
In a Chapter 13 bankruptcy repayment plan in Louisiana, ongoing alimony and child support payments receive priority treatment, recognizing the importance of providing financial support to your former spouse and children. Our attorneys will guide you through the treatment of these payments in a Chapter 13 plan.
- Priority status: Under the Chapter 13 repayment plan, alimony and child support payments are considered priority debts. This means they must be paid in full over the course of the repayment plan, typically spanning three to five years. Prioritizing these payments ensures that the financial needs of your former spouse and children are met, promoting stability and fairness in the bankruptcy process.
- Repayment through the plan: Your ongoing alimony and child support payments will be factored into your overall repayment plan. The plan will include provisions for the regular payment of these obligations, ensuring they are fulfilled during the bankruptcy process. Adhering to the repayment plan demonstrates your commitment to meeting your financial responsibilities and provides a path toward financial recovery and stability.
Working closely with our experienced attorneys, we will develop a comprehensive Chapter 13 plan that accommodates your alimony and child support obligations. We will guide you through the process, ensuring compliance with the repayment plan, protecting your rights, and advocating for your best interests as you navigate the intersection of bankruptcy and family law.
For more information, you can visit: U.S. Department of Justice ‑ The Discharge in Bankruptcy
Need to understand how bankruptcy can protect your assets during divorce? Our free guide is a great place to start. And remember, if you’re stuck with a tough question, our bankruptcy experts are just a click away. If you’re considering bankruptcy, check your eligibility here.