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.

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