Bankruptcy does not eliminate child support obligations or arrears in Canada

Child support payments are considered non-dischargeable debts that remain fully enforceable even after declaring bankruptcy. The Canadian Bankruptcy and Insolvency Act specifically protects support obligations to ensure children’s wellbeing remains a top priority.

During bankruptcy proceedings:

  • All current child support payments must continue without interruption
  • Any outstanding child support arrears remain payable in full
  • Support enforcement agencies maintain their right to collect payments
  • The court may garnish wages or seize assets to ensure payment compliance
  • Child support obligations take priority over most other creditors

Parents receiving support can continue enforcement actions even while the paying parent goes through bankruptcy proceedings. The family support obligation survives the bankruptcy discharge and remains a legal responsibility.