California Bankruptcy Lawyers - Child Support
11 U.S.C. 523 provides discharge will not be allowed for debts owed (5) to a spouse,
former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child,
in connection with a separation agreement, divorce decree or other order of a court of record, determination made
in accordance with State or territorial law by a governmental unit, or property settlement agreement, but not
to the extent that - (A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise
(other than debts assigned pursuant to section 408(a)(3) of the Social Security Act, or any such debt which has been
assigned to the Federal Government or to a State or any political subdivision of such State. Debtors and their bankruptcy
lawyers are also subject to 11 U.S.C. 523(b) that further limits dischargeability of child support, by requiring any
payment which may be dischargeable under another exception, is nevertheless non-dischargeable if "discharging
such debt would result in a benefit to the debtor that outweighs the detrimental consequences to a spouse,
former spouse, or child of the debtor."
California Bankruptcy Lawyers & Law Firm Practices
Public policy requires governmental support and protection of the rights of children. The Attorney General's
Office, through their bankruptcy lawyer division, may assert repayment for state child support assistance which
may be assigned by operation of law. In cases of financial
hardship, state and federal financial support is provided to children, and in turn, California bankruptcy law
authorizes bankruptcy lawyers to contest dischargeability in furtherance of the public interest.
All prudent debtors have questions about applicable laws before filing. The best source of legal advice is a qualified
bankruptcy lawyer with substantial, current experience practicing before federal courts. Because state and federal laws change frequently,
the results
achieved by bankruptcy lawyers for their clients also change frequently in direct response to these
amendments. Depending upon the personal goals and situation of each debtor, all options may not
apply. The best bankruptcy lawyers are intimately familiar with all options, as an assortment of tools, that may
be combined creatively to maximize client benefits.
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