If my ex-husband is filing for bankruptcy, can it affect my child support and alimony?

Also, what if on my ex-husband’s petition there is some false information?

Asked on October 16, 2014 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Fortunately for you, alimony and child support obligations, as "domestic support obligations," cannot be discharged under bankruptcy and also are "priority claims"--they are paid ahead of other unsecured claims. So legally, there should be minimal if any effect on you. Practically, if your ex-husband is truly insolvent, he may not be able to pay despite his legal obligations and the threat of court punishment: if he does not have the money, he cannot pay it.


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