First, spousal support and child support payments generally are not dischargeable.  If you are contemplating bankruptcy in Michigan and either owe or receive child support or alimony, call the bankruptcy experts at Chimko and Associates, today.

The short answer to a court hearing is no. Bankruptcy does not affect any court hearing regarding child support in family court: setting it, collecting it, or enforcing an order about it.

If you are sued, with a request that you be held in contempt of court for failing to pay child support, the court may go forward with the hearing even if you file bankruptcy. Child support is considered to be a special obligation and not merely a debt. In contrast, any other litigation regarding settlement or collection of debts are stopped cold by bankruptcy.

The Bankruptcy Code attempts to protect the rights of children and former spouses to collect support.

Any support, whether it is called family support, alimony, or child support, is made non-dischargeable in bankruptcy by the Bankruptcy Code. The spouse who receives the support does not have to file any type of proofs of claims or objections to the Bankruptcy Court to enforce her (or his) rights to continue to receive support.

In most cases, once a debtor files for bankruptcy, all creditors must stop all actions to collect their debts. This block is called an “automatic stay.”  The automatic stay does not apply to the enforcement of the collection of child support or alimony.

These types of obligations have a super priority under the Bankruptcy Code.