Financial hardship can happen to anyone. When debt becomes overwhelming, many Colorado residents consider filing for bankruptcy to regain control of their finances. However, if you are paying or receiving child support or alimony (also known as spousal maintenance), you may wonder how bankruptcy will affect those obligations.

Understanding how bankruptcy interacts with family law orders is critical before making any decisions.

Are Child Support and Alimony Dischargeable in Bankruptcy?

In most cases, child support and alimony cannot be discharged in bankruptcy. These obligations are considered “domestic support obligations” under federal bankruptcy law. Whether you file Chapter 7 or Chapter 13 bankruptcy, you remain legally responsible for paying past-due and ongoing support.

Bankruptcy can eliminate certain unsecured debts such as credit card balances and medical bills, but it does not erase court-ordered child support or spousal maintenance.

What Happens to Past-Due Support?

If you are behind on child support or alimony payments, filing for bankruptcy will not eliminate those arrears. You will still owe the full amount.

In a Chapter 7 case, past-due support remains collectible after your bankruptcy is complete. In a Chapter 13 case, you may be able to create a repayment plan that allows you to catch up on arrears over three to five years. However, you must stay current on ongoing support payments while your case is active.

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

Does Bankruptcy Stop Wage Garnishment for Support?

When you file for bankruptcy, an automatic stay temporarily stops most collection actions. However, there are important exceptions. Child support and alimony collections are not fully stopped by bankruptcy.

For example, wage withholding for ongoing child support can continue. Additionally, actions related to establishing or modifying support orders are generally not halted by bankruptcy proceedings.

Can Bankruptcy Help If Support Payments Are Unmanageable?

If your financial situation has changed significantly—such as job loss, illness, or reduced income—bankruptcy alone will not reduce your child support or alimony obligation. Instead, you may need to seek a formal modification through the Colorado family court system.

That said, bankruptcy may still provide meaningful relief. By eliminating other debts, you may free up income that makes it easier to meet your support obligations moving forward.

What About Property Settlements in Divorce?

Not all divorce-related debts are treated the same. While child support and alimony are non-dischargeable, certain property

settlement obligations may be treated differently depending on the chapter of bankruptcy you file.

Because these distinctions can be complex, it is important to carefully review your divorce decree and financial situation with an attorney before filing.

How Law Offices Andrew F. McKenna, P.C. Can Help

Bankruptcy and family law often intersect in complicated ways. If you are concerned about how filing for bankruptcy may affect your child support or alimony obligations, it is important to have clear guidance tailored to your circumstances.

At Law Offices Andrew F. McKenna, P.C., we provide legal assistance to individuals and families throughout Colorado. We can evaluate your financial situation, explain your options, and help you determine the best path forward while protecting your rights and responsibilities.