In Florida, an economic recession with a child support obligation is not easily overcome. Bankruptcy does not discharge a child support obligation.
Section 523(a)(15) of 11 U.S.C. Sec. 23 now says that debts incurred by a debtor to a spouse, former spouse or child, in the course of a divorce or dissolution action, cannot be discharged in bankruptcy. Notice how the law includes debts owed to a child. In Florida, the law states that the child support belongs to the child, and the parent acts as a trustee over that money to use for the care and benefit of the child prior to the child attaining the age of the majority which is usually eighteen (18) years of age. The child support obligation cannot be discharged in bankruptcy.
Written by: Whitney R. Lonker
Wood, Atter & Wolf, P.A.