Bankruptcy can provide individuals and families with a fresh financial start. Although the process of filing for bankruptcy can be stressful, there are numerous benefits associated with a successful Chapter 7 or Chapter 13 bankruptcy. However, it is important to understand before filing that there are limits to a personal bankruptcy case’s scope. Some financial obligations cannot be discharged as a result of this process. For example, child support and spousal support obligations generally remain intact in the wake of bankruptcy and outstanding payments may not generally be discharged by a bankruptcy judge in either case. It is therefore important to speak with an experienced Tampa, Florida Chapter 13 bankruptcy lawyer before making any assumptions about how the bankruptcy process may affect your financial situation.
In general, both child support and spousal support obligations may only be altered when a formal request for modification is filed and approved by a family law judge. In order to be approved, a modification request usually must result from a significant change in circumstance. For example, if a former spouse has suddenly acquired access to significant assets, has become permanently disabled, or has otherwise had his or her financial situation change dramatically, a modification to existing spousal support orders may be approved. The very act of filing for bankruptcy may be enough in and of itself for a Tampa, Florida Chapter 13 bankruptcy lawyer demonstrate to the court that an individual’s financial circumstances have become unmanageable. But such action does not guarantee that a modification will be approved. A judge will examine all relevant circumstances when making such a determination.