Behind on Child Support? Chapter 13 Can Help You Catch Up
Falling behind on child support payments doesn't make you a bad parent — it makes you someone who needs a workable path forward. Chapter 13 bankruptcy won't erase what you owe, but it can give you a court-supervised repayment plan that brings your arrears current without the chaos of enforcement actions closing in from every direction.
Automatic Stay Takes Effect the Day You File • Most Cases Discharged in 90 days in the EDNY, SDNY and New Jersey • Home Equity Up to $204,825 Protected for Nassau and Suffolk County Residents • Credit Cards, Medical Bills, Personal Loans, Most Judgments Dischargeable and more • Bankruptcy, Wage Garnishment, and Student Loans Resolved Together
Automatic Stay Takes Effect the Day You File • Most Cases Discharged in 90 days in the EDNY, SDNY and New Jersey • Home Equity Up to $204,825 Protected for Nassau and Suffolk County Residents • Credit Cards, Medical Bills, Personal Loans, Most Judgments Dischargeable and more • Bankruptcy, Wage Garnishment, and Student Loans Resolved Together
What the Florida Divorce Process Looks Like
Understanding how agreement—or conflict—shapes the process.
What Chapter 7 Cannot Discharge
What You Need to Know About Child Support and Bankruptcy
Child support and alimony are classified as domestic support obligations under federal bankruptcy law. That means they cannot be discharged — not in Chapter 7, not in Chapter 13, not in any form of bankruptcy. If you owe back child support, you will still owe it when your case is over. What Chapter 13 does is give you a structured, legal framework to repay those arrears over time while keeping your other financial obligations manageable. For parents who are overwhelmed but willing to commit to a plan, that distinction matters enormously.
One Important Limitation You Should Understand Before We Go Further
The automatic stay — the legal protection that stops most creditor actions the moment you file for bankruptcy — does not apply to child support enforcement. This is one of the most important things we tell clients upfront, because managing expectations is part of doing this right. Wage garnishments tied to child support, license suspension proceedings for non-payment, and other enforcement mechanisms tied to domestic support obligations can continue even after you file. Chapter 13 does not make those go away overnight. What it does is give you a structured repayment plan that, when followed, addresses the underlying arrears — which is the only thing that actually resolves enforcement long-term.
How Chapter 13 Addresses Child Support Arrears
Chapter 13 bankruptcy works by consolidating your debts into a single repayment plan that runs three to five years, supervised by a federal bankruptcy trustee. Your child support arrears are treated as a priority debt within that plan, meaning they must be paid in full by the time the plan concludes. Ongoing child support payments must also remain current throughout the case. When the plan is completed, you will have brought your arrears current through a legal, court-approved process — and that outcome can also help you avoid or resolve license suspensions tied to non-payment.
What the Chapter 13 Repayment Process Looks Like
Filing and the Automatic Stay
When you file for Chapter 13, an automatic stay goes into effect immediately. This stops most creditor collection actions — credit card lawsuits, bank levies, wage garnishments from non-support creditors — giving you immediate breathing room while your repayment plan is developed. Child support enforcement is the notable exception, which is why acting quickly and getting the plan confirmed matters.
Proposing Your Repayment Plan
Within two weeks of filing, we submit a proposed repayment plan to the court. That plan accounts for your income, your ongoing child support obligation, your arrears, and your other priority and secured debts. The goal is a monthly payment that is realistic for your budget while satisfying the legal requirements for plan confirmation.
Trustee Review and Plan Confirmation
A bankruptcy trustee reviews your plan and your financial disclosures. Creditors have the opportunity to object. Once the court confirms the plan, you begin making monthly payments to the trustee, who distributes funds to your creditors — including the child support arrears — according to the plan terms.
Completing the Plan and Emerging Current
Over the three-to-five-year plan period, your child support arrears are paid down systematically. When the plan concludes and you have maintained your ongoing payments throughout, you emerge from the process current on your support obligation. That is the outcome Chapter 13 is designed to produce — not a discharge of what you owe, but a supervised path to actually resolving it.
What You Keep: New York's Chapter 7 Exemptions
New York law allows Chapter 7 filers to protect specific categories of assets from liquidation. These exemptions mean that most Nassau County residents who file Chapter 7 keep their home, their car, their retirement savings, and their household property.
- Homestead exemption: Up to $204,825 in home equity protected for most New York residents
- Vehicle exemption: Up to $5,500 in vehicle equity protected
- Retirement accounts: 401(k), IRA, pension, and most qualified retirement accounts are fully exempt
- Household goods and clothing: Protected up to applicable limits under New York law
- Tools of the trade: Equipment used in your occupation, protected up to $3,575
- Wildcard exemption: An additional amount applicable to any property of your choosing
New York also allows filers to choose between
state and federal exemptions — whichever set produces the better outcome for your specific asset profile. Aronow Law reviews both options during your consultation and recommends the exemption set that protects the most.
Why Clients in Nassau and Suffolk County Work With Us
We have been handling Chapter 13 cases on Long Island for over 23 years. We understand how child support arrears interact with other financial pressures — wage garnishments, creditor lawsuits, suspended licenses — and we handle all of it together rather than treating each issue in isolation. Darren speaks personally with nearly every client, without time limits or gatekeepers, because the details of your situation matter and a 10-minute intake call doesn't do them justice. We also provide full bilingual support in Spanish throughout every stage of the process, from the initial consultation through plan completion.
Frequently Asked Questions
Can bankruptcy eliminate my child support arrears?
No. Child support and alimony are domestic support obligations under federal bankruptcy law and cannot be discharged in any chapter of bankruptcy. Chapter 13 does not erase what you owe — it creates a structured repayment plan that allows you to pay arrears in full over three to five years while keeping other debts manageable.Will filing Chapter 13 stop child support enforcement against me?
The automatic stay that takes effect when you file does not apply to child support enforcement. Wage garnishments, license suspension proceedings, and other enforcement actions tied to domestic support obligations can continue after you file. However, successfully completing your Chapter 13 plan and paying the arrears in full is the most reliable way to resolve those enforcement actions permanently.Can Chapter 13 help me avoid losing my driver's license over unpaid child support?
In some cases, yes. New York can suspend a driver's license for failure to pay child support. While the automatic stay does not halt that process, a confirmed Chapter 13 plan that addresses your arrears may support a request to restore your license, particularly when you can demonstrate a court-approved path to becoming current. We can walk you through how this applies to your specific situation.Do I have to keep paying child support while I'm in Chapter 13?
Yes. Ongoing child support payments must remain current throughout your Chapter 13 case. Falling behind on current support while in bankruptcy can jeopardize your plan. The Chapter 13 plan addresses your arrears — the payments that are already past due — while you continue making your regular support obligation on time.Can chapter 13 help me catch up on child support arrears in New York?
Yes, and it is one of the most effective legal tools available for this specific problem. Chapter 13 incorporates your child support arrears into a court-supervised repayment plan, giving you three to five years to bring them current. It does not discharge the debt, but it replaces the pressure of immediate enforcement with a structured, manageable path forward.
Talk to Us About Your Situation — There's No Cost to Call
If you are behind on child support and feel like you are running out of options, a conversation with our office is a good place to start. We will tell you honestly what Chapter 13 can and cannot do for your situation, and we will help you understand what the process would look like for you specifically. There is no charge for the consultation and no time limit on the call.
We serve clients throughout Nassau County, Suffolk County, and the New York City boroughs. Call us at 516-762-6700 or use the contact form to schedule your free consultation.
