Can my ex-husband discharge a judgment for past due payment alimony?
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Can my ex-husband discharge a judgment for past due payment alimony?
Recently I was given a judgment against my ex-husband for past due alimony for the last 2 1/2 years. Can he have that discharged in bankruptcy?
Asked on June 8, 2011 under Bankruptcy Law, Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, he cannot do this. The fact is that defaulted alimony obligations (also known as "spousal maintenance") are not dischargeable in bankruptcy, either a Chapter 7 or a Chapter 13. The same holds true of past due child support if any.
Note: However alimony payments may be included in a Chapter 13 as long as they are paid in full during the life of the repayment plan.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, he cannot do this. The fact is that defaulted alimony obligations (also known as "spousal maintenance") are not dischargeable in bankruptcy, either a Chapter 7 or a Chapter 13. The same holds true of past due child support if any.
Note: However alimony payments may be included in a Chapter 13 as long as they are paid in full during the life of the repayment plan.
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