what are chances for alimony when both of us may have to declare bankruptcy

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what are chances for alimony when both of us may have to declare bankruptcy

1. my income is 105K wages. Spouse’s income is 42K self-employed gross income. 2. Spouse wants the divorce and the 2 chapter 7 bankruptcies. 3. Spouse wants to walk away from upside down mortgage (owe 300K value of 270K) 4. I do not want ch13 or ch7. If anything I want ch13 only 5. I want to try to pay off main portion of debt using debt settlement company and try to keep the house until it is no longer upside down and then sell it and split proceeds. 6. Both children are adults and not a factor. Is alimony probable or just possible in this case?

Asked on June 10, 2009 under Family Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

You have way too much going on here and need to sit down (and I mean sit down) with an attorney.  If you make $105k per year, a consultation with a divorce attorney who is experienced in bankruptcy matters or a bankruptcy attorney who is experienced in divorce matters should not be a problem.


Why? Because if we were to give you a definitive answer, it would be tantamount to providing legal advice and we do not serve as your legal counsel.  We do not (believe or not) have sufficient information to fully address your question.  Though you may tell us the above are facts, we really do not know that. 

I can tell you though that some of the above factors may come into play to determine whether you pay alimony.  Now, you mention a debt settlement company? Make sure the company is licensed to do business as a debt adjuster in your state or is exempt from licensure.  To do so, contact the Pennsylvania Dept of Banking http://www.banking.state.pa.us/

 

Try www.attorneypages.com and check his or her record at the Pennsylvania State Bar. Hope this helps.

By the way, filing either type of bankruptcy will most likely impact your spouse, even if you file alone.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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