Can my ex husband file bankruptcy in order to avoid paying owed alimony? 21 Answers as of June 30, 2014

I have an unmodifiable alimony for 50 years. My legally separated spouse cut it by 50% in 2010 after 2 years. Please help me! He is from a rich family, I am not. He lost one business (I gave away all my ownerships). He put everything in a new business name saying he is broke and owns nothing. His mother is 82. Now he is filing personal bankruptcy because he says he wants to get rid of creditors including the $190,000 in back alimony he owes me. Plus $17,000 for a fraudulent loan he shoved on me. Can he get the judge to write off all the back alimony? He does what he wants. He cut it in half 4 years ago! I have barely enough to meet my bills. He lies and has sold. He has hidden his Rolex etc. to appear poor. What can I do? He is expecting a huge inheritance. I'm no gold digger. I left him when he was rich. I gave him the $500,000 home. He is always right and has to win! I'm scared. I own my villa with equity and he wants me to sell it of course. He scares me. How shall I approach the judge? Thank you.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
Family support obligations are not dischargeable in bankruptcy. In fact it might be to your advantage to have him file. When he tries to claim poverty before the family court judge you could point out that he has filed bankruptcy and discharged his other debts so he should be in a better position to pay you.
Answer Applies to: California
Replied: 6/30/2014
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
No. Alimony and child support are not discharged in a bankruptcy. In other words they do not go away. He will owe less to his other creditors which may make it easier for him to pay you. You should see a knowledgeable local bankruptcy attorney to see if you need to file anything to preserve your rights in the note or if there is nothing to be done. This will depend in large part on facts that you have left out of your post.
Answer Applies to: California
Replied: 6/24/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
He can not discharge alimony and past due support. those debts and obligations survive bankruptcy. Get a local family law attorney to enforce the order.
Answer Applies to: California
Replied: 6/24/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
Domestic relations orders are not dischargeable but you will have to be careful. You probably should hire a lawyer once you get the notice of the bankruptcy.
Answer Applies to: Minnesota
Replied: 6/24/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Alimony arrears are not dischargeable.
Answer Applies to: New York
Replied: 6/24/2014
    Stephens Gourley & Bywater | David A. Stephens
    Alimony is not dischargeable in a chapter 7 bankruptcy. He may be able to modify the alimony in a chapter 13 bankruptcy.
    Answer Applies to: Nevada
    Replied: 6/24/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    In New Jersey, alimony is non-dischargeable, but I would file papers in his bankruptcy to be safe. You did not indicate whether it is a Chapter 7 or a Chapter 13. If it is a Chapter 13, I would suggest/recommend that you get with counsel, file a proof of claim and make sure that the Chapter 13 Plan is proper, and you are not being mis-classified. If it is a Chapter 7, go to the 341(a) meeting and speak with the trustee.
    Answer Applies to: New Jersey
    Replied: 6/24/2014
    Law Office of Peter M. Lively
    Law Office of Peter M. Lively | Peter M. Lively
    Domestic support obligations are excepted from discharge under 11 USC Section 523(a)(5) and 1328(a)(2). Consult with a family law attorney who is familiar with bankruptcy or vise versa.
    Answer Applies to: California
    Replied: 6/24/2014
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    Alimony is not dischargeable in bankruptcy.
    Answer Applies to: Connecticut
    Replied: 6/24/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Alimony is a type of domestic support obligation which is not dischargeable in bankruptcy. You could file an adversary proceeding to declare the debt nondischargeable, get a money judgment, and probably even get his bankruptcy discharge denied if he is in fact lying as much as you say he is. The transfer to his new business is probably fraudulent and therefore ineffective to avoid being taken by the trustee. You are in a very strong position to recover everything you deserve.
    Answer Applies to: Oregon
    Replied: 6/24/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Alimony isn't eligible to be discharged in a bankruptcy. Also, sounds like your ex is a criminal because if he gave away property to avoid paying his creditors, he violated the uniform fraudulent transfers act. You may wish to contact the office of the U.S. trustee with your information about these transfers to they can investigate this bankruptcy case.
    Answer Applies to: Nevada
    Replied: 6/24/2014
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    No, alimony is never dischargeable in bankruptcy.
    Answer Applies to: Oregon
    Replied: 6/24/2014
    Hicks, Massey & Gardner, LLP
    Hicks, Massey & Gardner, LLP | Robert M. Gardner, Jr.
    You ask how you should approach the Judge, and the answer is to have your own attorney do that for you. Domestic relations orders are non-dischargeable. You should take all of your paperwork to a bankruptcy attorney who does both debtor and creditor work and find out what your rights are, as well a how to enforce them. You have the power in a situation like this, and it sounds like you need to find someone to help you exert it.
    Answer Applies to: Georgia
    Replied: 6/24/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    he cannot get rid of that debt. You need to go to a creditors attorney. Alimony is not dischargeable.
    Answer Applies to: Florida
    Replied: 6/24/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    Generally, domestic support orders (alimony and child support) are non-dischargeable. You may want to retain counsel to make sure that your rights are protected.
    Answer Applies to: California
    Replied: 6/24/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Spousal support is not dischargable in bankruptcy.
    Answer Applies to: California
    Replied: 6/24/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Alimony is not a dischargeable debt, so he can't get rid of it. I would suggest hiring someone ( from the creditor's side) to represent out at the Creditor's hearing, so you can fight the fraudulent transfers, the Rolex, etc. Why would you sell your villa for his debts?
    Answer Applies to: Michigan
    Replied: 6/24/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Alimony is non-dischargeable in bankruptcy. He cannot void paying it.
    Answer Applies to: Nevada
    Replied: 6/24/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    Spousal support is non-dischargeable in bankruptcy, thus his statements that he is going to discharge back "alimony" or spousal support is either based on misinformation or designed to get you stressed out. You need to speak with and retain an attorney to represent you and make sure he fully discloses his obligations if/when he files.
    Answer Applies to: California
    Replied: 6/24/2014
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Past alimony is not dischargeable in bankruptcy and he will continue to owe it. Nor does he have the right top change the amount payable to you without a court order making the change.
    Answer Applies to: California
    Replied: 6/24/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    You may want to come in for a consult. One cannot discharge alimony in bankruptcy.
    Answer Applies to: South Carolina
    Replied: 6/24/2014
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney