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Can you file bankruptcy against a divorce order in North Carolina?
Whether you can eliminate a debt that resulted from a divorce decree will depend on the type of debt. If you owe child support or alimony from a divorce then you will not be able to eliminate the debt in bankruptcy. If the divorce assigned some debt to you as part of the divorce and it was not assigned as child support or alimony then you may be able to eliminate the debt in a Chapter 13 bankruptcy. Chapter 13 bankruptcy allows you to eliminate debt assigned to you that is in the nature of a property settlement and not child support or alimony.
Can alimony and child support be listed in arrears on your credit report?
Yes, child support and alimony are both considered debts owed by one parent to the other. As with any debt, failure to pay can be reported to credit bureaus and can negatively affect your credit rating.
Can you be denied a passport because of debt?
Depends on the debt. Usually if you owe things like child support, alimony, and taxes they most likely will deny you a passport. I have never heard of being denied a passport for bad credit card debt.
Can wages in Alabama be garnisheed for alimony?
Yes. N.C. does not allow wage garnishment for creditor debt. It does allow garnishment for court ordered spousal maintenance and/or child support.
Does Georgia allow pension to be garnished?
Yes, Georgia allows pensions to be garnished for certain types of debt, including child support, alimony, and federal tax debt. However, there are limitations on how much can be garnished depending on the type of debt and the individual's circumstances.
Can a 19 year old boy have back child support canceled in Texas?
He is not a boy, he is a man. He fathered a child; it is his responsibility. The sooner he picks up and gets things caught up, the better. It is tough but he can do it.Another PerspectiveIf the nineteen year old boy was the child for whom child support was paid, he cannot cancel any arrears owed to his mother. Many parents who owe arrears have been thinking (magically) that the child can be influenced to cancel the debt once they reach adulthood. Child support arrears do not go away and since they are owed to the child's parent, the child cannot cancel the debt once they reach the age of majority.
Does bankrupcty protect you from wage garnishment?
No bankruptcy will not protect you from wage garnishments for certain types of debt. For example, court ordered child support/past due child support, court ordered alimony/past due alimony,student loans, federal taxes,state taxes and county taxes are not covered under the protections of bankruptcy. Bankruptcy will also not protect you from wage garnisments for court ordered fines,restitution.
Can a debtor discharge alimony in a chapter 13 bankrupty?
There are certain categories of debt that will not be discharged under any bankruptcy scheme. Past due child support, alimony payments, and other debts resulting from divorce settlement agreements or divorce decrees are included in this category and you will still be held responsible for them regardless.
Can a landlord take from your tax refund?
No. The IRS will take an income tax refund for back federal or state taxes, unpaid child support or alimony, student loans in default, and any unpaid federal or government debt.
Can a privately owned entity seize your tax refund to satisfy a debt?
No. Only the IRS can keep your federal income tax refund, and only for unpaid child support or alimony, unpaid federal or state taxes, student loans in default, and any unpaid federal or government debt.
When a father owes child support and enters a common law relationship does the common law wife have to share the debt of paying child support?
No, the debt is all his.
Can your ex-wife wipe out what she owes you in back alimony and in future alimony by filing bankruptcy?
An alimony obligation cannot usually be discharged in bankruptcy, but must be paid in full, with two important exceptions. If a divorce decree specifies that an obligation to a spouse is alimony, but the obligation is not actually in the nature of alimony, then the obligation can be discharged in bankruptcy. For example, if the divorce decree states that the husband is to pay a marital debt to XYZ Corporation, and further specifies that the husband's payment of the debt shall be treated as alimony, the husband may arguable have the ability to discharge such debt in bankruptcy even though the divorce decree calls his payment of the debt alimony. Also, in certain instances an ex-spouse may be able to discharge an alimony obligation if the obligation has been assigned to a third party. For example, suppose John and Mary Doe divorce. John is ordered to pay Mary alimony of $500.00 per month. John does not pay the alimony and Mary, who needs the money, assigns the right to collect alimony to her father, who gives Mary the $500.00 per month in return for the assignment. Mary's father now owns the right to collect the alimony from John. If John files bankruptcy then the alimony obligation can be discharged to the extent it has been assigned to Mary's father. The United States Bankruptcy Code (Title 11 of the United States Code) states in Section 523 that: (a) A discharge under Section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt . . . (5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State or territorial law by a governmental unit, or property settlement agreement, but not to the extent that (A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts assigned pursuant to § 402(a)(26) of the Social Security Act, or any such debt which has been assigned to the Federal Government or to a State or any political subdivision of such State); or (B) such debt includes a liability designation as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance or support . . . .
