Spousal Support and Child Support in Bankruptcy
So, you really dislike your ex-spouse and want to get back at him or her by filing bankruptcy and removing those pesky support payments. I’m sorry, but bankruptcy might not be the best option. Debts for a domestic support obligation are not dischargeable. 11 USC §523(a)(5).
What about other debts related to separation agreements and divorces? Again, those debts are not dischargeable. Debts to a spouse, former spouse, or child incurred in a divorce or separation are not dischargeable. 11 USC §523(a)(15).
The Bankruptcy Abuse Prevention and Consumer Protection Act passed in 2005, defined “domestic support obligation” as a debt “owed to or recoverable by a spouse, former spouse, or child of the debtor or such child’s parent, legal guardian or responsible relative; or a governmental unit . . . in the nature of alimony, maintenance or support.” 11 USC §101(14A).
BAPCPA changed a lot of the game, along with deleting the code section permitting a judge to render nonsupport obligations dischargeable on a finding of inability to pay. Contact our Rancho Cordova bankruptcy lawyers for a free initial meeting. Our lawyers will help determine whether bankruptcy is the best option for you. Other debts may be discharged and that freedom may make those pesky support obligation payments a little less burdensome.
By: Trevor Carson Google+
*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact us for a consultation. Please contact Sacramento’s bankruptcy attorneys to further discuss Bankruptcy ~ Spousal Support and Child Support.
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