Like child support in bankruptcy, alimony is a domestic support obligation that cannot be discharged in bankruptcy. However, filing Chapter 7 or Chapter 13 bankruptcy might help an alimony obligor (payor) get other debt discharged and make the alimony payment more affordable. Our bankruptcy lawyers can help you with this.Although alimony debt and payments cannot be discharged or wiped clean in a bankruptcy, the amount paid can be changed under certain scenarios. A bankruptcy judge may change the amount paid by the supporting spouse when the supported spouse, for whatever reason, is no longer responsible for the payment of the debts in the marriage.5. If you file bankruptcy during a divorce, you may need to hire a new attorney. If you and your spouse hired a divorce attorney together, you may need to begin searching for a new one. If you, or your spouse, decide to file for bankruptcy during your divorce proceedings, your divorce attorney cannot represent both of you.
A Chapter 13 bankruptcy allows you to roll past-due alimony payments into your monthly debt repayment plan. When developing your debt repayment plan, our Monmouth County bankruptcy lawyers will take care to make it affordable, to provide you with sufficient income to pay your alimony obligations and other debts.Under Bankruptcy Code, alimony and child support have a super priority and are repaid in full over time. Divorce and Alimony. Unlike other debts like credit card and doctor bills, alimony is intended to be used to support an ex-spouse’s basic needs like food, clothing, and household bills until they become financially self-sufficient.Alimony and support owed to a spouse or former spouse are priority debts and are non-dischargeable under Section 523(a)(5) of bankruptcy code. Under federal law, a bankruptcy filer who receives child support or alimony will get it exempted from creditors and from the bankruptcy trustee.
General rule regarding alimony in bankruptcy The general rule is that an alimony obligation doesn’t just disappear in bankruptcy. Filing for bankruptcy to avoid an obligation to pay spousal support is a bad idea, because domestic support obligations cannot usually be “discharged” (cancelled or forgiven) in a bankruptcy proceeding.Under Bankruptcy Code, alimony and child support have a super priority and are repaid in full over time. Divorce and Alimony. Unlike other debts like credit card and doctor bills, alimony is .Lump sum payments, sometimes called buyouts, lump sum alimony, or spousal maintenance buyout, is the payment of alimony in one lump sum. Instead of getting periodic payments made over a designated time frame, the spouse on the receiving end is given one large payment.Bankruptcy and Alimony. Like child support, debts associated with alimony cannot typically be discharged.