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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Can you file bankruptcy on child support in AZ My husband

Customer Question

Can you file bankruptcy on child support in AZ? My husband has not made the money he use to and the back support is around 50000 total for 2 different kids. He currently is not working and is treatment for addiction.

Other question is can you file bankruptcy on a past student loan. It is in default and I am the only one with a income of a family of five. My income is 2100.00 per month.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

Child support cannot be discharged in a bankruptcy.

Section 523 of the Bankruptcy Code excepts from discharge both property settlements and support obligations.

You can read the Code here:

A student loan may be discharged on the basis of hardship.
Customer: replied 6 years ago.
Another thing is that the mother of this child has told my husband he is not the father. He never did do a parenity test to find out but she was going to have her current husband adpot this child and they went to court for that but she never followed through. My quesiton is can he request a parentiy test and if he finds out that the child is not his what can he do? The child is 16 years of age. He has not see or talk to him in almost 10 years. They live in az and he lives in mn
Expert:  Ellen replied 6 years ago.
It may be possible to bring an action to disestablish paternity.

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