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 10 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 10 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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