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 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 a 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?