Can You Get Rid of Child Support Debt with Bankruptcy?

 Posted on September 30, 2025 in Child And Spousal Support

Most parents who have fallen behind on child support know that once you miss one payment, it becomes much easier to miss the ones that follow. The debt adds up quickly, and interest and penalties make it even harder to catch up. Some people naturally wonder whether bankruptcy could help them wipe out child support debt the same way it can discharge credit cards or medical bills.

The short answer is no. Child support debt cannot be erased through bankruptcy. However, that does not mean bankruptcy is useless. Filing for bankruptcy can still give you powerful tools to manage your overall financial situation, making it easier to stay current on support or pay back arrears.

At Law Offices of Chance M. McGhee, you will work directly with our San Antonio consumer bankruptcy attorney who has more than 20 years of experience guiding clients through tough financial situations. We offer free consultations to review your circumstances and explain your options, including how bankruptcy might help with your child support problem.

Why Child Support Cannot Be Discharged in Bankruptcy

Bankruptcy law is federal, but it interacts with state law in important ways. Under the U.S. Bankruptcy Code, "domestic support obligations" — which include child support and spousal support — are "priority debts." This means they cannot be wiped out in either Chapter 7 liquidation or Chapter 13 reorganization. Congress made this rule because child support is considered essential to the well-being of children, and the courts will always put children’s interests above the parent’s financial struggles.

If you are behind on child support, you should expect that debt to remain even after a successful bankruptcy case. But bankruptcy can still change the way you manage the rest of your debt, which in turn may free up the income you need to meet your child support obligations.

What Bankruptcy Can Do if You Are Behind on Child Support

Even though child support itself is not dischargeable, bankruptcy can give you breathing room. Filing for bankruptcy stops most collection efforts through what is called the "automatic stay." While the stay does not stop collection of child support, it does stop creditors from garnishing wages, repossessing property, or suing you over credit cards, payday loans, or medical bills. With those debts under control, you can redirect money toward your child support arrears.

In Chapter 7 bankruptcy, many unsecured debts like credit card balances, medical bills, and personal loans are wiped out completely. While your child support balance remains, you will probably find it easier to pay once the rest of your financial burden is gone.

In Chapter 13 bankruptcy, you create a three- to five-year repayment plan. Child support arrears must be included in this plan and must be paid in full. The advantage is that the plan sets up a structured, court-supervised way to catch up on past-due support while also managing other debts. This approach prevents you from being hounded by creditors and may keep you from falling further behind.

Legal Consequences of Falling Behind on Child Support

Before exploring solutions, it is important to understand what is at stake if you continue to fall behind. In Texas, the Office of the Attorney General has strong enforcement powers for unpaid support. You may face wage withholding, interception of tax refunds, liens on property, suspension of driver’s and professional licenses, and even jail time for contempt of court. Interest accrues on unpaid child support at a rate of six percent annually, making it even harder to catch up the longer you wait.

Because these penalties are so serious, finding a way to manage child support debt should be a top priority. Bankruptcy may not erase the obligation, but it can play a role in helping you regain financial stability.

Solutions for Parents Who Are Behind on Child Support

If you are struggling with child support debt, bankruptcy is only one part of the puzzle. You may also want to consider requesting a modification of your child support order. Texas law allows for modifications when there has been a "material and substantial change" in circumstances, such as losing your job, experiencing a significant drop in income, or becoming responsible for more children. A modification will not erase past-due support, but it can reduce the amount you owe going forward.

Combining a support modification with bankruptcy can sometimes create the breathing space you need. By lowering your ongoing payments and discharging other unsecured debts, you may be in a much better position to pay back the arrears that remain.

Another option is negotiating a payment plan for your arrears. Even though the state enforces support orders, courts may approve structured repayment arrangements that allow you to catch up over time. If you file Chapter 13 bankruptcy, your arrears are automatically placed into a repayment plan, which can give you more structure and protection.

Frequently Asked Questions About Child Support and Bankruptcy

Does bankruptcy stop wage garnishment for child support? 

No. The automatic stay in bankruptcy does not stop wage garnishment for child support. However, it does stop garnishments for most other debts, which can still free up income for support.

Can I lower my child support through bankruptcy? 

No. Bankruptcy courts do not have the authority to change child support orders. Only a family court in Texas can modify support amounts.

Can I include child support in my Chapter 13 repayment plan? 

Yes. In fact, you must include it. Arrears will be treated as priority debt and must be paid in full through the plan. This can be a helpful way to structure payments and avoid aggressive enforcement.

What happens if I do not pay child support after bankruptcy? 

The state can continue to enforce your obligation, including through wage withholding and penalties. Bankruptcy is not a way to escape child support, but it can help you manage your other debts so you do not fall further behind.

Can bankruptcy help if my driver’s license has been suspended for unpaid child support?

Bankruptcy will not lift a suspension directly, but by creating a repayment plan and showing the court you are addressing arrears, you may be able to take steps to restore your license.

Contact a San Antonio, TX Bankruptcy Lawyer

Child support debt is one of the toughest financial challenges a parent can face, but you do not have to handle it alone. At Law Offices of Chance M. McGhee, our Schertz, TX bankruptcy attorney has over 20 years of experience helping Texans use bankruptcy and related tools to get back on track. Call 210-342-3400 today to set up your free consultation and find out how bankruptcy may fit into your plan for resolving child support debt.