Sorry. The answer is a clear no. If you owe back payments for child support or if you owe money for spousal support or alimony, the fact that you are filing for protection under the bankruptcy code will not allow the debt to be discharged. Congress put this exception into the bankruptcy code with the intent of protecting children for whom child support is owed and needed and for spouses who are relying on funds to be paid to them as a result of a Court ordering support payments.

If you owe back alimony or child support and you are unable to pay it, you have several approaches that you can take. You can go to family court and see what type of payment arrangement the court will allow you to work out to permit you get caught up on the payments. There is also another option which you can take advantage of which is allowed under the bankruptcy code.

You can file for protection under Chapter 13. By filing a Chapter 13 Bankruptcy you are able to get a period of three to five years to pay back this debt which will be classified as a priority debt which must be repaid in full. The child support debt falls into the same category as any type of debt which is considered nondischargeable such as certain recent income tax debts. Please note that although this method will permit you to pay back any arrears owed under the Chapter 13 plan, you are still required to continue to pay all of your current monthly child support or spousal support payments as those payments become due.