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    Spousal support after BK...

    Hi. As you know, this is all new to me.

    My husband is asking for spousal support. If I declare BK, obviously, I will have "extra" money. Would this count in divorce court that I don't have to pay these bills now, so I can 'provide' for the loser? Will he get awarded support? He makes way less money than I do, so the loser claims he needs money to support himself.

    Is it safe to do BK now, or should I wait until after the divorce? Then again, what if it takes long?

    StepM

    #2
    Angie, given your circumstances, it may be best to divorce first, then file. The extra income after filing will look attractive to a divorce lawyer out to get as much as possible for your loser soon-to-be-ex.

    Bankruptcy and divorce don't mix well and often create debt ownership conflicts no matter which you do first. It's worth making a few appointments with experienced bankruptcy lawyers in your area to see what's really going to be best in your tough situation.
    Last edited by lrprn; 04-10-2008, 06:44 PM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      This could be tricky because, court ordered child/spousal support is considered a priority debt in bk.
      This is where you need some legal advice.

      Comment

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