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What happens to spousal maintenance and child support if the person files for bankruptcy?
Wiki User
∙ 15y ago
While back due spousal maintainance may get some break...not prospectively and to make things simple...other than dying (and that may not work as well as you would expect) there is no way out of paying child support...it will happen some way some how...and you will pay all the expenses and fees and interest costs for it not happening willingly. But of course you want to....as they are your kids.
Wiki User
∙ 15y ago
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What happens to spousal maintainance and child support if the person files for bankruptcy?
Spousal support and child support debts cannot be discharged in a bankruptcy, so the ex spouse must continue to keep making the payments. Failure to do so can lead to a dismissal of the bankruptcy case.
How do you get payment on child support if your ex spouse files chapter 7 bankruptcy?
Yes, bankruptcy does not effect spousal support or child support.
If you get child support from the father of your child can you get marital spousal child support?
There's no such thing as "marital spousal child support." You might be able to get spousal support ("alimony" or "maintenance") for a brief period to allow you to become self-sufficient.
Is a debt dischargable?
Some of the debts that cannot be discharged in a bankruptcy are, income tax arrearages (depending upon the time frame), child support, secured debts where the property is not subject to forfeiture, child support, spousal maintenance (in some cases) and all other debt the bankruptcy trustee certifies as being ineligible for discharge. Decisions made by a bankruptcy trustee can be appealed to the court if the filer believes they are not valid.
What is a non-dischargable debt?
Some of the debts that cannot be discharged in a bankruptcy are, income tax arrearages (depending upon the time frame), child support, secured debts where the property is not subject to forfeiture, child support, spousal maintenance (in some cases) and all other debt the bankruptcy trustee certifies as being ineligible for discharge. Decisions made by a bankruptcy trustee can be appealed to the court if the filer believes they are not valid.
Can you include back child support payments in a chapter 7 bankruptcy?
No child and/or spousal support are not dischargeable in a chapter 7 BK. It is my understanding that child support, student loans, taxes owed, and things along that line cannot be included in a bankruptcy.
Is alimony and spousal support the same?
Yes. Alimony is an order of a court for the support of one spouse by the other spouse.Maintenance in family law refers to alimony or spousal support. Maintenance is an order of a court for the support of one spouse by the other spouse.
Can a spouse waiver spousal support by not enforcing a spousal support order?
No. The spousal support order remains in effect until it is modified by the court.
Do you need to pay child maintenance if you are in debt?
I'm not familiar with "child maintenance." Sometimes courts order "spousal maintenance" (often for a limited time), but that is an entirely different matter from child support. Yes, but not without a court order, even if a voluntary one. Some states are changing the terms to child support to child maintenance to lessen the negative view of spousal maintenance.
How do you claim child support on your income tax return?
Child support is not income to the recipient or a deduction for the payer. Spousal support, also called maintenance or alimony, is income to the recipient and deductible for the payer.
What is Wisconsin's law concerning spousal property?
Wisconsin is a community property state, all marital property and assets are divided equally. Child support, spousal maintenance (if any) and debts are treated as different issues.
Is child and spousal payments protected from garnishment in AZ?
only child support. Spousal support is taxable income.
