Child Support and Bankruptcy Attorney in Miami, Florida
Child Support and Alimony in Bankruptcy
Child support and alimony are governed by Florida family law and are based on factors such as income, financial need, and ability to pay. Child support is generally calculated using statutory guidelines, while alimony is awarded based on fairness and the circumstances of the parties. Both obligations can sometimes be modified in family court if there has been a substantial change in circumstances.
In bankruptcy, child support and alimony are considered domestic support obligations. These debts are not discharged in Chapter 7 or Chapter 13. If you are behind on payments, the past-due amount must still be paid.
If enforcement action has been taken—such as civil contempt, driver’s license suspension, or passport suspension—a Chapter 13 bankruptcy filing may stop certain collection efforts and allow you to repay arrears over a period of up to five years through a court-approved plan. However, bankruptcy does not eliminate the obligation to continue making regular ongoing support payments. It is important to understand that the bankruptcy court cannot reduce your monthly child support or alimony obligation. Any modification must be requested through the family court. If your financial circumstances have changed, filing a petition to modify support in family court may be necessary.
Michael J. Brooks works with individuals in Miami, Florida to coordinate bankruptcy strategy with existing family court obligations, helping clients understand how these systems interact.
Call Michael J. Brooks, P.A. at 305-400-4595 to schedule a consultation with a lawyer today.
Contempt Proceedings and Bankruptcy Protection
If you fall behind on child support or alimony, your former spouse or the State of Florida may file a motion to enforce the court order. If the court finds that you have the ability to pay but failed to do so, it may hold you in civil contempt. Civil contempt can result in incarceration until payment is made, as well as suspension of your driver’s license or passport.
A Chapter 13 bankruptcy filing may stop certain civil enforcement actions and provide a structured way to repay arrears. However, bankruptcy does not stop criminal contempt proceedings. If a court determines that an order was intentionally violated, bankruptcy will not override that finding.
Understanding the distinction between civil and criminal contempt is critical when considering bankruptcy. Michael J. Brooks carefully reviews each client’s situation to determine what relief may be available and what steps must be taken in both bankruptcy and family court.
Equitable Distribution and Bankruptcy Options
Equitable distribution refers to the division of marital property and debts during a divorce. This may include bank accounts, retirement accounts, personal property, or other financial assets. Unlike child support and alimony, equitable distribution obligations are treated differently in bankruptcy depending on the chapter filed.
In a Chapter 7 bankruptcy, obligations arising from equitable distribution are generally not discharged. However, in a Chapter 13 case, certain equitable distribution debts may be addressed through the repayment plan and discharged upon successful completion of the case. For individuals who owe substantial equitable distribution payments or significant support arrears, Chapter 13 may provide a structured path forward. Each situation depends on the specific court orders and financial circumstances involved.
Michael J. Brooks advises clients in Miami, Florida on how bankruptcy may impact child support, alimony, and equitable distribution obligations. If you are dealing with both family court and financial pressure, contact Michael J. Brooks, P.A. to schedule a consultation and discuss your options.
Frequently Asked Questions
Can I discharge child support or alimony in bankruptcy?
The simple answer is no. The bankruptcy code has a specific section saying that child support and alimony are non-dischargeable. You will always be required to pay that unless the family court says that you don’t.
If the family court requires me to sell my house and pay half the proceeds to my ex, is that dischargeable?
This is a tricky question. If the house was awarded to your ex as equitable distribution, then yes. However, sometimes the court will say the sale of the house is for alimony. If that is the case, then it is not dischargeable. A determination must be made that the forced sale of the house and the transfer of half the proceeds are equitable distribution. If it is an equitable distribution, then your ex can still be required to transfer the house to you, and will not be required to receive any proceeds from the sale, if you choose to even sell the house.
How do I get my driver’s license back after filing for Chapter 13 bankruptcy?
You must go to the DMV with your case number and proof of insurance. You will be required to pay for the reinstatement fee, and the DMV will be required to reinstate your license.
Disclaimer: We are a debt relief agency. We are attorneys who help people file for bankruptcy relief under the bankruptcy code.
Have Questions About Bankruptcy?
If you’re considering filing for bankruptcy or simply want to understand your options, Michael J. Brooks, P.A. is here to help. Call 305-400-4595 today to speak with Michael J. Brooks and get clear answers about your rights, the bankruptcy process, and the steps you can take toward financial relief.