Can Bankruptcy Filing Affect Alimony, Child Support or Other Court-Ordered Maintenance Payments?
Interviewer: How does bankruptcy affect spousal maintenance, alimony, palimony and child support?
Domestic Support Obligations Were Established in 2005
Tanya: It doesn’t. Under the law in 2005, the bankruptcy code was revised and domestic support obligations were instituted. The amounts owed in a divorce, such as child support and alimony are required to be maintained. There’s nothing you can do. The bankruptcy court does nothing about that so when you file for bankruptcy; it doesn’t affect your child support and/or alimony obligations.
Bankruptcy Filing Can Affect Equitable Distribution
Equitable distribution presents more of a bankruptcy issue. Equitable distribution is the division of property during a divorce that a bankruptcy court could, to a certain extent, impact. Counsel fees that are owed by parties under certain circumstances cannot be discharged in bankruptcy, other times they can be depending on the circumstances.
Other Related Divorce FAQ's
- Introducing the Certified Matrimonial Attorney Tanya Helfand
- Advice from a Matrimonial Attorney on How to Choose the Best Attorney for Your Divorce
- Attorney Helfand Finds That Most Parties Seeking a Divorce Are Just Looking for a Fair Settlement
- Are There Common Reasons for Divorce?
- Are There Common Misconceptions about Divorce?
- Both Parties Can Have Completely Different Expectations during Divorce Proceedings
- Collaborative Divorce, Mediation, Litigation
- Lifestyle Changes and Financial Status Following a Divorce
- The Factor of Long-Term and Short-Term Marriages in a Divorce
- How Are Divorce and Bankruptcy Linked?
- Do Some People Choose between Divorce and Bankruptcy?
- Do Bankruptcy Clients Differ from Divorce Clients?
