Financial hardship can put pressure on every part of your life, including your ability to keep up with court-ordered family support. If you are considering filing for bankruptcy in Texas, you may be wondering how it will affect your child support or alimony (spousal maintenance) obligations. Understanding how bankruptcy law interacts with family court orders is essential before you take the next step.

At Shuster Law, PLLC, we can provide legal assistance to the Texas public and help you understand how bankruptcy may impact your financial and family law responsibilities.

Child Support and Alimony Are Priority Debts

Under federal bankruptcy law, child support and alimony are considered “domestic support obligations.” These debts receive special treatment in both Chapter 7 and Chapter 13 bankruptcy cases.

In Texas, as in the rest of the country, domestic support obligations:

• Cannot be discharged in bankruptcy
• Are treated as priority debts
• Must be paid before most other unsecured debts

This means that filing for bankruptcy will not eliminate your obligation to pay past-due or future child support or alimony.

What Happens to Past-Due Child Support or Alimony?

If you owe back child support or spousal maintenance at the time you file for bankruptcy, those arrears will not be wiped out.

In a Chapter 7 bankruptcy, the debt will survive the case. You will still owe the full amount after your discharge.

In a Chapter 13 bankruptcy, you may be able to include past-due support in your repayment plan. However, you must pay the full amount of the arrears over the course of the plan, which typically lasts three to five years. If you fail to stay current on ongoing support payments during the case, your bankruptcy could be dismissed.

The Automatic Stay and Support Collection

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

In Texas, the automatic stay does not prevent:

• The establishment or modification of child support or alimony
• The collection of support from property that is not part of the bankruptcy estate
• Wage withholding for child support

This means that family court proceedings related to support can continue even after you file for bankruptcy.

Can Bankruptcy Help If You’re Struggling to Pay Support?

Although bankruptcy will not eliminate child support or alimony, it can still provide meaningful relief.

By discharging or restructuring other debts—such as credit cards, medical bills, or personal loans—you may free up income to stay current on your support obligations. In Chapter 13, the structured repayment plan may give you a manageable way to catch up on arrears while protecting certain assets.

If your financial situation has changed significantly, you may also need to seek a modification of your support order through the Texas family court system. Bankruptcy does not change the amount you are legally required to pay.

Property Settlements vs. Support Obligations

It is important to distinguish between domestic support obligations and other divorce-related debts, such as property division payments.

While child support and alimony are never dischargeable, some property settlement debts may be treated differently depending on the chapter you file under. The classification of the debt can make a significant difference in your case, which is why a careful legal review is essential.

Why Legal Guidance Matters

Bankruptcy and family law often overlap in complex ways. Filing without understanding your obligations can lead to serious consequences, including dismissal of your case or continued collection efforts.

At Shuster Law, PLLC, we can provide legal assistance to individuals across Texas who are facing financial distress while dealing with child support or alimony obligations. Careful planning can help you protect your rights and work toward long-term financial stability.