Is it better to file the bankruptcy first or go to family court first?

I have to file bankruptcy and also need to take my ex wife back to court to get our divorce papers and parenting plan to reflect what she is actually asking me to pay. It is less than what is court ordered, however, she does not want to have it changed legally.

Asked on November 14, 2012 under Family Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written about it makies no difference if you file for bankruptcy protection first or after the family law petition. The reason is that under federal bankruptcy law child and spousal support orders cannot be discharged in a bankruptcy.


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