You are drowning in debt, the bills keep piling up, and somewhere in that stack of financial stress sits a child support obligation you have fallen behind on. You wonder whether bankruptcy can offer any relief or if it will just make things worse. If you are a Louisiana parent in that position, you are not alone, and the answer is more encouraging than you might expect.

Filing bankruptcy with child support debt does not wipe out what you owe your children, but it can absolutely change the game when it comes to managing your finances. When you are buried under medical bills, credit card balances, and past-due rent, there is simply no room left to address your child support obligation. Bankruptcy creates that room. Understanding the rules and the right strategy for your specific situation can make the difference between staying stuck and finding a real path forward.

What Does Bankruptcy Actually Do to Child Support in Louisiana?

Let’s be direct. Bankruptcy does not erase child support. Under 11 U.S.C. § 523(a)(5), domestic support obligations, including child support and alimony, are specifically classified as non-dischargeable debts. That means no matter which chapter of bankruptcy you file, you will still owe every dollar of back child support when your case is over.

What bankruptcy can do is relieve you from most other debts so that child support becomes the obligation you actually have the money to pay. If you are spending every paycheck trying to keep creditors at bay, there is often nothing left for your support obligation. Bankruptcy removes those creditors from the picture, which can improve your ability to stay current on child support or start catching up on what you owe.

Can Bankruptcy Help With Back Child Support? Chapter 7 vs. Chapter 13

When people ask whether bankruptcy can help with back child support, the honest answer depends entirely on which chapter you file. The two options most Louisiana residents consider are Chapter 7 and Chapter 13, and they work very differently when it comes to child support arrears.

Chapter 7 Bankruptcy moves quickly, usually wrapping up in three to four months. It eliminates most unsecured debt like credit cards, medical bills, and personal loans. However, it does not stop wage garnishments for child support. The automatic stay, a court order that pauses most collection activity when you file, does not apply to domestic support obligations under 11 U.S.C. § 362(b)(2). This means the Louisiana Department of Children and Family Services can continue garnishing wages, seizing tax refunds, or pursuing license suspensions even after you file. The benefit of Chapter 7 is indirect. By discharging other debts, you free up income that can go toward paying child support.

Chapter 13 Bankruptcy bankruptcy is often the more practical tool when dealing with child support arrears in Louisiana. Instead of wiping debts out immediately, Chapter 13 restructures them into a three-to-five-year repayment plan. Child support arrears are classified as a priority debt under 11 U.S.C. § 507(a)(1), which means they must be paid in full through your plan before most other creditors receive payments. Your monthly payment toward those arrears is calculated based on what you can actually afford and spread out over the life of the plan. Instead of facing aggressive enforcement from Louisiana’s Child Support Enforcement program, you make structured, manageable payments under a court-approved arrangement.

How Chapter 13 Handles Child Support Arrears in Louisiana

When you file Chapter 13 with child support arrears in Louisiana, your attorney will help you build a repayment plan that addresses both your current child support obligation and your accumulated arrears. Here is how it works in practice.

  • You must stay current on your ongoing child support payments throughout the entire plan. Falling behind on these payments can result in your bankruptcy case being dismissed.
  • Your past-due child support arrears are included in your repayment plan and are paid over the three-to-five-year period of the plan.
  • Because child support is a priority debt under federal bankruptcy law, it is paid ahead of general unsecured creditors such as credit card companies.
  • At the end of your plan, your child support arrears are paid in full, and you will likely have eliminated or significantly reduced most of your other unsecured debt.

This structure provides breathing room that family court enforcement does not. Louisiana’s Child Support Enforcement program has powerful tools to collect unpaid support, including income withholding orders, property liens, credit reporting, and the suspension of driver’s licenses or professional licenses under Louisiana Revised Statute 46:236.7. Federal authorities can also block or revoke passports for delinquent support over $2,500. While a Chapter 13 plan does not automatically stop these enforcement actions, it creates a court-supervised payment structure that shows good faith and can reduce the likelihood of aggressive collection.

What Happens to Ongoing Child Support Payments During Bankruptcy?

This is one of the most common questions we hear from Louisiana parents considering bankruptcy. The answer is straightforward: your ongoing child support payments, meaning your current monthly obligation, do not pause or get restructured in bankruptcy. You are required to keep paying them on time throughout your entire case.

  • If you are in a Chapter 13 plan and fall behind on current child support payments, the receiving parent or the Louisiana Department of Children and Family Services can file a motion for relief from the automatic stay.
  • If the motion is granted, enforcement can resume in full, and your bankruptcy case could be dismissed. Staying current on these payments is not optional.
  • If your current child support amount is no longer appropriate due to a change in income or circumstances, you must request a modification through Louisiana family court. Bankruptcy courts do not have the authority to change support orders.
  • Many clients find it helpful to coordinate with both their bankruptcy attorney and a family law attorney to handle arrears and ongoing payments at the same time. This ensures nothing falls through the cracks and your plan works as intended.

Will the Automatic Stay Protect Me From Child Support Collection?

The automatic stay goes into effect immediately when you file bankruptcy under 11 U.S.C. § 362(a). It stops most collection actions, including lawsuits, wage garnishments for credit cards, foreclosures, and repossessions. However, there are important exceptions for child support:

  • The automatic stay does not stop income withholding orders for child support.
  • The stay does not prevent the state or a parent from seeking a modification of your support order in family court.
  • Contempt proceedings related to unpaid child support are not halted by the stay.

What the automatic stay does provide is breathing room. It allows you to pause most other creditor actions, organize your finances, and work with your attorney to build a repayment plan. Even though it does not stop child support enforcement, this protection can make it easier to stay on top of both your ongoing and past-due obligations.

Key Takeaways

  • Child support arrears in Louisiana cannot be discharged in bankruptcy under any chapter, according to 11 U.S.C. § 523(a)(5).
  • Chapter 7 can eliminate most other debts, freeing up income to pay child support, but it does not restructure arrears or stop enforcement actions.
  • Chapter 13 allows you to repay child support arrears over three to five years through a structured, court-approved plan. This plan does not automatically stop state enforcement, but it demonstrates good faith and can reduce the pressure of aggressive collection.
  • You must stay current on your ongoing child support payments throughout any bankruptcy case, or your case could be dismissed.
  • Louisiana’s Child Support Enforcement program retains most of its enforcement powers even after you file, including income withholding, property liens, credit reporting, and suspension of driver’s or professional licenses under Louisiana Revised Statute 46:236.7. Federal authorities can also block or revoke passports for delinquent support over $2,500.
  • Bankruptcy does not resolve all financial challenges, but it can eliminate other debts and create space to focus on meeting your child support obligations.

Frequently Asked Questions

Can I discharge child support arrears in bankruptcy? 

No. Child support arrears are classified as a domestic support obligation under federal bankruptcy law and cannot be discharged in Chapter 7 or Chapter 13. You will still owe the full amount after your case closes.

Will filing Chapter 13 stop Louisiana from suspending my license over child support? 

Not automatically. The automatic stay does not apply to most child support enforcement actions. Including your arrears in a Chapter 13 repayment plan and staying current on your payments is often the most effective way to resolve the situation and reduce the risk of enforcement like license suspension.

Do I have to keep paying child support while I am in bankruptcy? 

Yes. Ongoing child support payments must continue without interruption throughout your bankruptcy case, whether you file Chapter 7 or Chapter 13.

What if I cannot afford my current child support payment? 

Bankruptcy does not modify your support order. If your payment is unaffordable due to a change in income or circumstances, you must request a modification through the Louisiana family court that issued your order. Bankruptcy court cannot change your support amount.

Can filing bankruptcy help me catch up on child support I owe? 

Yes. Chapter 7 can help indirectly by eliminating other debts and freeing up income. Chapter 13 allows you to include arrears in a court-approved repayment plan, making it possible to pay them off over time in a manageable way.

What chapter of bankruptcy is better when I have child support arrears? 

For most Louisiana residents with significant arrears, Chapter 13 is usually the more practical choice because it provides a structured way to repay what you owe while also addressing other debts. Every case is different, so consulting a bankruptcy attorney is the best first step.

Contact E. Orum Young Law – Monroe, Louisiana’s Bankruptcy Law Firm

Dealing with child support arrears on top of mounting debt is one of the most stressful financial situations a parent can face. You do not have to figure this out alone. At E. Orum Young Law, we have spent our careers helping Louisiana families find real, lasting relief from financial hardship. We know the bankruptcy code inside and out, and we know what it takes to build a plan that works for your life.

We take the time to sit down with each client, look at the full picture of what they owe, what they earn, and what they are facing in family court, and then we help them make a confident, informed decision about their next step. Whether Chapter 7 or Chapter 13 is the right fit, we will explain both in plain language and fight to protect your interests every step of the way.

If you are ready to stop losing sleep over debt and start taking steps toward a solution, we want to hear from you. Contact us today to schedule your free case review. There is no obligation, no judgment, just straightforward answers from a team that genuinely cares about getting you back on solid ground.