Posted on June 4, 2009 at 7:20 pm is it possible for me not to fulfill my alimony obligations when i file for bankruptcy?

Posted on June 4, 2009 at 9:59 pm orphan annie~Along with child support, property obligations, and student loans, alimony cannot be discharged in bankruptcy proceedings. If you or your spouse have been mandated by court for this obligation, you need to comply. In fact, the amount should be paid in full by the supporting spouse.There are certain exceptions to this rule, and these are the following:1. If the alimony has been assigned to a third party2. If a certain obligation is considered alimony but does not assume the nature of alimony.Can anyone explain on this further?

Posted on June 5, 2009 at 3:26 am I'll paint a little scenario here for it to be clear for all of us:Jack and Fanny decide to file a divorce. The court orders Jack to pay their debts. What Jack does to avoid paying the debts and counter the court decision is to file for bankruptcy. With the automatic stay in effect, he will gain immunity from paying for debts. The responsibility of paying these will then fall on Fanny, if the debts are dischagred by the bankruptcy court. On the other hand, certain debts may be termed or considered as "alimony," even if they actually were debts to begin with. Using the same scenario, if according to the divorce decree Jack needs to pay a $2500 debt to ABY Credit Card, and it's further specified that this debt was to be considered as alimony, he may be able to discharge this particular debt even if the divorce decree deems it as alimony.

Posted on June 5, 2009 at 3:42 am Take note that it is still up to the bankruptcy court's discretion to regard the payment for the debt really is alimony. They still need to assess the situation and conduct their own investigation. If the court's final order states that it is an alimony, it will definitely be seen as an alimony. There may be problems that will spring up when debt payments are considered as alimony. Allow me to borrow from caffeinatrix's example--if the woman decides to remarry or cohabit or if she passes away, the ex-husband will no longer have to pay alimony. If these occur, Jack's responsibility for the debt may no longer suffice. Jack may also not be obliged to pay income taxes on the alimony while Fanny may have to. So even if the ex-husband were fulfilling his obnligations, at the end of the day, the woman would still be paying more, and thus not receive an actual increase in her income.

Posted on June 5, 2009 at 4:31 am Right, right. And this is how the "third party" system works. Here's a link showing an example of how an ex-spouse can discharge an alimony obligation because it's been assigned to someone else:http://www.divorcenet.com/states/utah/ut_art20

Posted on June 5, 2009 at 4:40 am In the event that you aren't able to take care of alimony and are filing for bankruptcy, here are some things you can do:1. Request for a reconsideration from a judge. While you can also receive a reduction in alimony, your former spouse may choose to apply for an increase in child support instead. This may turn out to be risky on your end.2. If you've filed for a Chapter 7 bankruptcy, you can choose to file a Chapter 13 instead. If you are "insolvent," that is, if your debt amounts exceed your income and assets, filing a Chapter 13 will allow your debts to be cleared after the payment plan's been completed. A particular amount of alimony will be assigned for you to take care of, and after all your debts have been paid off, the full amount will be charged to you. At the same time, you'll also be free of debt.

Posted on June 5, 2009 at 4:43 am might i add that if you've been receiving alimony each month and if your ex suddenly files for bankruptcy, you can actually request the court to investigate their assets. you can do this just to make sure that you would still be receiving payments from them.

Posted on June 5, 2009 at 5:38 am wait.... what's the difference between a chapter 7 and a chapter 13 again? i kinda got lost there....i'm still figuring out which chapter to file. i'm having diffculty with my income at the moment and alimony is something i don't wanna worry abt. i just might end up filing for bankruptcy if all else fails.

Posted on June 5, 2009 at 6:01 am Orphan Annie~In Chapter 7 bankruptcy most, if not all of your debts will be wiped out or liquidated, and you will have to give up certain pieces of property in exchange of this happening. The process takes three to six months to file. In Chapter 13, also called reorganiztion, you'll be required to either partially or fully repay the debts you owe. You get to keep your property, and you will mandated by the court to pay all your debts for three to five years. I understand that you still have obligations to take care of, but I don't think that bankruptcy would be a very lucrative option for you. How far behind are you on your debts? You can actually fill out a form on DestroyDebt.com and they can be able to help you.

Posted on June 5, 2009 at 6:06 am It also takes longer for any type of bankruptcy to stay on your credit report--10 years at the most. It's even worse for your public records, coz it's gonna stay there for 20 years.Have you tried other debt relief options?