New York Bankruptcy Lawyers Discuss Child Support

11 U.S.C. 523 does not allow discharge of debts owed (5) to a spouse or former spouse, or child of born to the debtor, for alimony, maintenance, or child support in connection with any separation agreement, divorce decree issued by a family court, or other court order made in accordance with New York State, or property settlement agreement, but not to the extent that - (A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts assigned pursuant to section 408(a)(3) of the Social Security Act, or any such debt which has been assigned to the Federal Government or to a State or any political subdivision of such State.

11 U.S.C. 523(b) further limits dischargeability of child support, by requiring any payment which may be dischargeable under another exception, is none the less non-dischargeable if "discharging such debt would result in a benefit to the debtor that outweighs the detrimental consequences to a spouse, former spouse, or child of the debtor."

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Public policy requires governmental support and protection of the rights of children. In cases of financial hardship, state and federal financial support is provided to children, and in turn, New York bankruptcy laws prevent responsible parents from eliminating liability. Also note that any creditor, or their bankruptcy lawyer, may object to discharge. The debtor and their bankruptcy lawyer receive will prevail if the opposing party fails to meet their burden of proof. The trustee, or their bankruptcy lawyer, or the court upon it's own motion, may also initiate objections.

The majority of personal bankruptcy lawyers certified in consumer Chapter 7 and Chapter 13 cases offer free initial consultations. Potential clients may review all options available and ask any question deemed important. All attorneys are bound by the attorney client privilege and must zealously guard confidentiality. Because of recent amendments to new bankruptcy laws, by passage of the latest reform bill known as the Abuse Prevention Act of 2005, debtors will find qualification for debt relief somewhat more difficult. Yet these laws also present new options, alternatives, and means of discharging debt that were previously unavailable. Now, more than ever, the assistance of qualified representation before federal courts is essential to gain maximum benefits provided by law.

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