Will my husband still give me spousal support if he files for bankruptcy? 36 Answers as of June 09, 2013

My husband is filing for bankruptcy and I am worried that I wont get my spousal support payments. He has been behind on them for a few months and I let it go, but now I really need the money. What can I do?

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Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Bankruptcy will not effect your spousal support. Spousal support is not dischargeable and the automatic stay does not apply. If anything your husband may be better able to make the payments to you when his other debt is discharged.
Answer Applies to: California
Replied: 8/31/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
He should. Bankruptcy has no effect on support and alimony obligations. Of course if he is not paying now, it does not guarantee that he will.
Answer Applies to: Michigan
Replied: 8/29/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
Yes.
Answer Applies to: Georgia
Replied: 6/9/2013
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Domestic obligations are not dischargeable in Bankruptcy. Your ex-spouse filing may actually be a good situation for you as long as you did not have any joint debt that he was responsible for paying. His filing may free up more money to pay your support and get caught up.
Answer Applies to: New Hampshire
Replied: 8/24/2011
The Law Office of Marvin Wolf
The Law Office of Marvin Wolf | Marvin Wolf
Spousal support payments are not discharged in a bankruptcy. He is required to make them, and in fact, to report them on the petition as an expense, and to indicate if he is behind on them. Once he files, he will not have to pay his credit cards (assuming it's a Chapter 7 case and not a Chapter 13), which should mean more money available for him to pay his court-ordered spousal support to you. Keep in mind that equitable distribution payments may be treated differently than spousal support, but the requirement to pay money for support floats right through a bankruptcy. The new law gives greater protection in this area.
Answer Applies to: New Jersey
Replied: 8/23/2011
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    You can't do anything to stop your Ex from filing bankruptcy and you don't want to stop him from filing. After he files he should be much more able to pay his child support. Alimony and child support are nondischargeable in bankruptcy. So you are safe. Good luck.
    Answer Applies to: Ohio
    Replied: 8/21/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    Spousal support is not dischargeable in bankruptcy. You should still get it.
    Answer Applies to: Mississippi
    Replied: 8/21/2011
    Law Office of Andrew Harris
    Law Office of Andrew Harris | Andrew Harris
    Spousal support is not dischargeable in bankruptcy and will not alleviate this financial obligation of your ex-husband. Contact an attorney to discuss your options regarding possible garnishment of his wages in an attempt to pay the support you are due.
    Answer Applies to: Oregon
    Replied: 8/21/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    If the support is optional he has the option of stopping giving you money after bankruptcy. If the support is mandatory (court ordered), he will have to keep paying you and you have nothing to worry about, it can't be discharged through bankruptcy. If the support is optional at his will, however, there is very little you can do.
    Answer Applies to: Florida
    Replied: 8/21/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Filing for bankruptcy should not allow your husband to be able to discharge your spousal support. However, on a side note, you should consider whether or not your spousal support is court ordered. If it's not court ordered and he has just been paying on his own in good faith, you may have a hard time here. If it is court ordered, he is obligated to continue paying it and the bankruptcy would not allow him to discharge this obligation to you.
    Answer Applies to: California
    Replied: 8/21/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    A bankruptcy does not affect your spousal support. So, if he files for bankruptcy he still needs to pay you the support payments.
    Answer Applies to: California
    Replied: 8/21/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If he files, you cannot garnish his wages to get your support, but the past due support is not dischargeable, so you will get it eventually.
    Answer Applies to: California
    Replied: 8/21/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    Yes.
    Answer Applies to: California
    Replied: 6/9/2013
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    If the spousal support obligation is a court order it is not dischargeable in bankruptcy. However, enforcement of such a court order is in the state court that issued your divorce decree.
    Answer Applies to: Colorado
    Replied: 8/21/2011
    Lehn Law, PA
    Lehn Law, PA | Joseph W. Lehn
    The filing of a bankruptcy does not discharge spousal support. He will continue to have the obligation to make the agreed payment.
    Answer Applies to: Florida
    Replied: 8/21/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Spousal support should not be affected by bankruptcy.
    Answer Applies to: California
    Replied: 8/21/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    Domestic support payments are not discharged in bankruptcy. The bankruptcy trustee will verify that domestic support payments are being made. Perhaps by filing bankruptcy your husband will actually be in a better position to make the payments.
    Answer Applies to: California
    Replied: 8/21/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    He better. It's nondischargeable.
    Answer Applies to: California
    Replied: 8/21/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Spousal support and child support are not dischargeable in bankruptcy.
    Answer Applies to: California
    Replied: 8/21/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    What type of bankruptcy did your ex-husband file? If he filed a Chapter 13 case, he must remain current on his spousal support payments and provide for a cure of any arrearage he owes. Spousal support is not discharged in Chapter 13 or Chapter 7. If he filed a Chapter 13 case, you should file a claim in his case. If your situation requires you to go back to domestic relations court to solve your problems, you will need the permission of the bankruptcy court before taking any action against your ex-husband.
    Answer Applies to: Alabama
    Replied: 8/21/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Yes. In fact, the Trustee should call you and ensure that you're receiving it.
    Answer Applies to: Virginia
    Replied: 8/20/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes, spousal support is nondischargeable and has special priority in bankruptcy.
    Answer Applies to: Nevada
    Replied: 8/20/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    He will be required to list you but that payment is not dischargeable.
    Answer Applies to: Florida
    Replied: 8/20/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    Spousal support payments are not dischargeable in bankruptcy. You need to go back to Family Court and request a hearing for arrears and that he be held in contempt. Contempt is a quasi criminal proceeding that will lead to a mini trial. If you can prove that he had the ability to pay then you can have him found in contempt. This doesn't mean you will get your money but you will be putting the squeeze on him...for what it's worth. The other option is opening a case with the department of child support services in your county.
    Answer Applies to: California
    Replied: 8/20/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes.
    Answer Applies to: California
    Replied: 6/9/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Bankruptcy does not discharge domestic support orders. He will still owe you the money. Collecting it may be the problem. Visit your local District Attorney's office to see if they can help you.
    Answer Applies to: California
    Replied: 8/20/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Spousal support is not dischargable in bankruptcy. To be safe, you may want to seek relief from stay from the bankruptcy court before initiating contempt or garnishment proceedings in the divorce court, but your husband's obligation to pay spousal support will not be discharged. You may want to speak with an experienced bankruptcy attorney.
    Answer Applies to: Colorado
    Replied: 8/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Bankruptcy does not eliminate support but it may affect when it gets paid and how. So see a lawyer immediately.
    Answer Applies to: Georgia
    Replied: 8/20/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Get a good divorce/domestic support lawyer to collect. His bankruptcy case should not interfere with your continued support.
    Answer Applies to: Michigan
    Replied: 8/20/2011
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