Financial hardship can place enormous pressure on families, especially when someone is struggling to keep up with debt while also meeting court-ordered support obligations. A common question many Florida residents ask is whether filing for bankruptcy will eliminate or reduce child support or alimony.

At De La Guardia & Saladrigas, we provide legal assistance to the Miami-Dade County public and help individuals understand how bankruptcy interacts with family law obligations.

Child Support and Alimony Are Priority Debts

Under federal bankruptcy law, child support and alimony are considered “domestic support obligations.” These debts are given special priority treatment. Unlike credit cards, medical bills, or personal loans, domestic support obligations cannot be discharged in Chapter 7 or Chapter 13 bankruptcy.

This means that filing for bankruptcy will not erase your obligation to pay child support or alimony in Florida. You will still be legally required to make payments.

What Happens to Past-Due Support?

If you owe back child support or alimony at the time you file for bankruptcy, those arrears will remain owed. Bankruptcy will not eliminate past-due support balances.

In a Chapter 13 bankruptcy, you may be able to create a repayment plan that includes catching up on overdue support over three to five years. However, you must stay current on any new support payments that come due during the bankruptcy case.

Failure to remain current on domestic support obligations can jeopardize your bankruptcy case.

Can Bankruptcy Stop Wage Garnishment for Support?

When you file for bankruptcy, an automatic stay generally stops most collection actions. However, there are important exceptions for family support.

In Florida, the automatic stay does not stop:

• The establishment or modification of child support or alimony
• The collection of ongoing support from income
• Certain enforcement actions related to domestic support

As a result, wage withholding for child support may continue even after you file for bankruptcy.

Can You Modify Support Instead?

If your financial situation has changed significantly due to job loss, medical issues, or other hardship, bankruptcy may not be the only option. You may be able to request a modification of child support or alimony through the Florida family court system.

A court must approve any changes. You cannot simply stop paying because you filed for bankruptcy. Doing so could result in serious consequences, including contempt proceedings, license suspension, or additional penalties.

How Bankruptcy Can Still Help

Although bankruptcy does not eliminate child support or alimony, it can still provide relief in other ways. By discharging or restructuring other debts, bankruptcy may free up income so you can better manage your support obligations.

For example:

• Eliminating credit card debt can reduce monthly expenses
• Stopping lawsuits and most collection actions can provide breathing room
• Creating a structured repayment plan may help you regain financial stability

Addressing overwhelming debt can make it easier to stay current on court-ordered support.

Speak With a Miami-Dade County Bankruptcy Attorney

Child support and alimony obligations require careful handling in a bankruptcy case. Mistakes can affect both your financial future and your legal standing with the family court.

At De La Guardia & Saladrigas, we assist clients throughout Miami-Dade County in understanding their options and developing a strategy that protects their rights while addressing financial challenges.