my ex husband is filing bankruptcy. Can he include child support payments?

What do you mean by "include"?

A chapter 13 bankruptcy is a repayment plan, of sorts. If he is behind on support payments, he can get caught up in his plan. He will have to continue his regular, ongoing child support payments though.

The bankruptcy will not change your child support; only the family law court can change the child support.

Great Question! As a divorcee as well I was curious and decided to Google your question.The answer is NO! Child support is not dis-chargeable in bankruptcy.

"Current and back child support is not eligible for discharge in bankruptcy - ever. Furthermore, any debts resulting from "the nature of support" are also ineligible for discharge. "In the nature of support" debts are debts resulting from your child's care and may include medical bills for your son or daughter's care.

In addition, while collection agencies and creditors are forbidden by law to contact you once you file for bankruptcy, if you're filing for Chapter 7 bankruptcy, action can still be taken to ensure you pay your child support. On the other hand, if you file for Chapter 13, you may receive a temporary stay of collection efforts while the bankruptcy process occurs.

Keep in mind that any stay is only temporary. Regardless of whether you file for Chapter 7 or Chapter 13, the fact remains that you are still responsible for all current and back payments of child support."

Good luck to you!

Smooches!

Anything set by court order cannot be included in bankruptcy. Child support, loan default judgments, court ordered restitution, etc. Once a judge signs an order, it cannot be eliminated unless by death and then it could very well be required from the deceased estate.

Try https://tr.im/15GEv

That would be a big NO!

NO