Skip to main content

Spousal Support and Child Support in Bankruptcy

Carson and Kyung Sacramento Attorneys Bankruptcy Debt Insolvency
01 Mar 2013

Spousal Support and Child Support in Bankruptcy

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.

 

Call Us: (916) 241-3336

By: Trevor Carson Google+
Bankruptcy ~ Spousal Support and Child Support by Carson and Kyung Sacramento and Rancho Cordova's Bankruptcy Attorneys
*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.

Image: FreeDigitalPhotos.net

 

Free Bankruptcy Resources

United States  Bankruptcy Courts

United States Bankruptcy Court, Eastern District

Carson and Kyung Sacramento Rancho Cordova Gold River Bankruptcy Attorney Bankruptcy Court Credit Card Lawsuits and Bankruptcy Credit Card Lawsuits and Bankruptcy

 

Related Posts

dreamchild

DHS to Offer Deferred Action to DREAMers

GREAT NEWS! The Department of Homeland Security (DHS) announced that it would defer action against...

Gold River and Sacramento and Rancho Cordova Business Attorneys Responding to a Lawsuit

Responding to a Sacramento Lawsuit

Responding to a Sacramento Lawsuit You've been served with a lawsuit. Now what? The first...

p111714ps-0211

Immigration Action Announcement on Thursday

According to several individuals who have been briefed on executive action on immigration, President Obama...