How does bankruptcy affect a divorce?
Family law and bankruptcy seem to go together like Batman and Robin. Upon splitting up, either the spouses can’t pay the family debts, or one spouse seeks to use bankruptcy as a weapon against the other spouse, or the other spouse’s lawyer. For those divorcing or divorced, the bankruptcy issues generally fall into three categories; 1) The payment of child support and alimony after a bankruptcy has been filed; 2) The enforceability of a property settlement agreement after a bankruptcy has been filed; and 3) What happens to a joint credit card debt if only one spouse files for bankruptcy.
Family law and bankruptcy seem to go together like Batman and Robin. Upon splitting up, either the spouses can’t pay the family debts, or one spouse seeks to use bankruptcy as a weapon against the other spouse or the other spouse’s lawyer. For those divorcing or divorced, the bankruptcy issues generally fall into three categories: 1) the payment of child support and alimony after a bankruptcy has been filed; 2) the enforceability of a property settlement agreement after a bankruptcy has been filed; and 3) payment of joint credit card debt if only one spouse files for bankruptcy. 2. Can my ex-husband escape paying for child support and alimony by filing for bankruptcy? The Bankruptcy Code attempts to protect the rights of children and former spouses to collect support. Any support, whether it is called family support, alimony, or child support, is made non-dischargeable in bankruptcy by the Bankruptcy Code. The spouse who receives the support does not have to file any type of proofs of
If you have filed bankruptcy, you are no longer liable for the mortgage, but your name still remains on the loan. The only way to remove your name from the loan is for your wife/hsuabnd to either sell the house or refinance the property into her name only.
Family law and bankruptcy seem to go together like Batman and Robin. Upon splitting up, either the spouses can’t pay the family debts, or one spouse seeks to use bankruptcy as a weapon against the other spouse, or the other spouse’s lawyer. For those divorcing or divorced, the bankruptcy issues generally fall into three categories; 1) The payment of child support and alimony after a bankruptcy has been filed; 2) The enforceability of a property settlement agreement after a bankruptcy has been filed; and 3) What happens to a joint credit card debt if only one spouse files for bankruptcy. 2. Can my ex‑husband escape paying for child support and alimony by filing for bankruptcy? The Bankruptcy Code attempts to protect the rights of children and former spouses to collect support. Any support whether it is called family support, alimony, or child support, the Bankruptcy Code makes it non‑dischargeable in bankruptcy. The spouse who receives the support does not have to file any types of proo
Family law and bankruptcy seem to go together like Batman and Robin. Upon splitting up, either the spouses can’t pay the family debts, or one spouse seeks to use bankruptcy as a weapon against the other spouse, or the other spouse’s lawyer. For those divorcing or divorced, the bankruptcy issues generally fall into three categories; 1) The payment of child support and alimony after a bankruptcy has been filed; 2) The enforcability of a property settlement agreement after a bankruptcy has been filed; and 3) What happens to a joint credit card debt if only one spouse files for bankruptcy. 2. Can my ex-husband escape paying for child support and alimony by filing for bankruptcy? The Bankruptcy Code attempts to protect the rights of children and former spouses to collect support. Any support whether it is called family support, alimony, or child support, the Bankruptcy Code makes it non-dischargeable in bankruptcy. The spouse who receives the support does not have to file any types of proof
