Can I stop collection of past due child support payments?
Yes. You can stop collection of past due child support payments and catch those payments up in a Chapter 13 reorganization while under the protection of the bankruptcy court, but you cannot eliminate your continuing obligation to resume paying future child support obligations. For example, if you are behind $2,000 in your support payments you can obtain protection from the enforcement actions brought through the family court to catch up that arrearage by making payments to the recipient over an extended period of time through your plan of reorganization, but you must resume making your normal payments from the date you file your reorganization. If you fail to resume those regular payments, not only will you be exposed to collection actions and enforcement of a family court order, but your entire Chapter 13 case could be dismissed leaving you without any protection from your other creditors as well. Chapter 7 offers no protection against child support arrearages.
