Bankruptcy Does Not Releive Spouse From Paying Alimony or Parent From Paying Child Support
During these difficult economic times, and especially in Arizona, divorce attorneys often hear from clients that their spouse or significant other has told them “You won’t get one dime of alimony. I’ll file for bankruptcy first.” The threat has been repeated countless times.
Don't buy into it. Neither alimony obligations nor child support obligations can be changed by a bankruptcy court from what family court ordered.
However, to be safe many bankruptcy attorneys recommend filing a nondischargeability complaint in the bankruptcy case to ensure notice and protection of the receiving spouse’s interests.
And if there are arrearages in support, the spouse who is owed back-support is actually at the top of the list of creditors. Back support obligations come off the top of the “bankruptcy estate” (what the bankrupt spouse has left).
For more information, check out the article written by Sally Heirgstad, "Bankruptcy doesn't absolve spousal support payments."
