Maryland Bankruptcy Law and Child Support Debt

In Maryland, bankruptcy is a legal process that allows individuals or businesses to seek relief from overwhelming debt. One common concern for those considering bankruptcy is how it affects child support obligations. Understanding Maryland bankruptcy law in relation to child support debt is crucial for parents navigating these challenging waters.

Under Maryland law, child support obligations are treated differently from other types of debt in bankruptcy proceedings. This means that even if a parent files for bankruptcy, they are still responsible for paying any child support that is owed. Child support is not dischargeable in bankruptcy, which ensures that the needs of the child remain a priority.

When a parent files for Chapter 7 or Chapter 13 bankruptcy, they must continue to make regular child support payments. Failure to do so can have serious legal consequences, including the potential for contempt of court, wage garnishment, and even the suspension of driver’s licenses or professional licenses for non-payment.

In Chapter 7 bankruptcy, unsecured debts, which include credit card debts and medical bills, can be eliminated. However, any obligations for child support will be unaffected. For parents who are struggling to manage their child support while simultaneously dealing with other debts, Chapter 13 bankruptcy can offer some relief. In this case, a repayment plan is established through the bankruptcy court, allowing the parent to restructure their debts while making the required child support payments.

It’s important to note that while bankruptcy can help alleviate certain financial pressures, it does not absolve a parent from their child support responsibilities. If a parent has lost their job or has experienced significant income changes, they may seek a modification of their child support order through the Maryland family court system. A bankruptcy filing may provide a compelling case for a court to reconsider the amount owed, but it does not automatically change the obligations.

Parents should also be aware that bankruptcy can have implications for issues surrounding custody and visitation. While child support is a legal obligation, a consistent failure to meet these obligations can impact a parent’s standing in custody disputes. Courts prioritize the welfare of the child, and ensuring timely child support payments can be a factor in determining custody arrangements.

For individuals in Maryland considering bankruptcy, it’s advisable to consult with a knowledgeable bankruptcy attorney. They can provide guidance on how to handle child support obligations during bankruptcy filings, ensuring that both the legal rights of the parent and the best interests of the child are protected. Understanding the relationship between Maryland bankruptcy law and child support debt is essential for parents facing financial challenges.