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The list of debts that cannot be discharged in Chapter 7 cases is
rather short. One notable exception to discharge however is the
inclusion of child support payments. Because child support liability is
created by statute, and may result in incarceration for nonpayment,
debts for child support are protected to a high degree. Yet only legally
valid child support payments are enforceable. With DNA testing widely
available for an affordable cost, specious child support claims may be
invalidated, and removed from the list of nondischargeble debts.
The time period for objecting to child support liability is a matter
of state law. One study claims that over half of all child support
claims asserted by unwed mothers are false, compared to 12% of claims
asserted by wives that are simply not true.
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