QUESTION
What can I do if my ex tried to file bankruptcy to get out of paying me court ordered Divorce payments/Alimony?
Asked on Apr 15th, 2013 on Bankruptcy - Arizona
More details to this question:
My ex filed bankruptcy to try and avoid having to pay me back alimony & other amounts he was ordered to pay by the court. He filed the day before his contempt hearing. He listed on his Bankruptcy papers he pays & has been paying me xx per month which he lied about. He has been paying less than that and is behind thousands of $. He now all the sudden after filing says he wants to pay me the back alimony (not anything else) & postpone his bankruptcy for 6 months and if I don't agree to his terms then he will just continue the BK & not pay me until his 5 year plan is up. Can he wait the 5 years and not pay me? Why would he want to all the sudden try and pay the back alimony when he was doing nothing but trying to get out of it? Someone said probably because he lied on his BK papers.
4 ANSWERS
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
New Jersey, domestic support obligations have to remain current during a bankruptcy.
Answered on Apr 18th, 2013 at 3:05 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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For you own sake, get and attorney. Normally debts incurred due to divorce are NOT dischargeable. You need real legal advise, call for an appointment.
Answered on Apr 18th, 2013 at 1:59 AM
Deborah F. Bowinski
If he filed a chapter 13 bankruptcy case then he will be required to provide for the back maintenance in his plan and to continue to make current payments as ordered by the court. BUT with what is at stake you really should retain a bankruptcy attorney to assist you in making certain that your claims are properly provided for in his chapter 13 plan. You have very limited time frames within which to object to his plan. You should call an attorney ASAP.
Answered on Apr 18th, 2013 at 1:48 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Send a letter to the trustee assigned to his case and the US Trustee. He cannot get of paying alimony maintenance child support. In fact that is absolutely required in his bankruptcy.
Answered on Apr 18th, 2013 at 1:33 AM