Posted on
July 1, 2009
at
3:46 am
would alimony obligations be discharged in my bankruptcy petition?
Posted on
July 1, 2009
at
3:49 am
The answer to that is no. Unfortunately it is one type of debt that is not dischargeable in bankruptcy, together with child support, taxes, and student loans.
Posted on
July 1, 2009
at
3:53 am
how am i going to go about paying it then when I'm unemployed? Don't you think it's a bit unfair to collect from me when I have nothing? Can I go to jail for being unable to pay alimony? Not that I don't want to, I can't..
Posted on
July 1, 2009
at
4:12 am
It seems as if your case has not gone through the court yet. Remember that alimony is an official court order. Have you heard of ancillary hearings? If not, perhaps you should consult with a lawyer, there might be a way to negotiate this payment obligation, before it reaches the court.
Posted on
July 1, 2009
at
4:20 am
Did you know that not only wives can avail of alimony? Anyway, I think in the ancillary hearing, the judge would hear both of your sides, and it is usually left to the discretion of the judge whether or not you should pay for alimony.
Posted on
July 1, 2009
at
4:25 am
In that hearing, the monetary amount ( monthly payment) is going to be determined, also the terms and conditions of the alimony payments. I think that in a usual case scenario, you'd be adviced to take advantage of the fact that this hasn't reached the courts yet therefore you can still negotiate everything with your wife (ex?)--but what if you really are not in good terms with her? And so I think that you should take advantage of the court proceeding, if you can prove to the judge that you really can't afford it...
Posted on
July 1, 2009
at
4:33 am
If for example, you got your wife to sit down with you and talk about who's to pay for this and that debt--and you ended up agreeing to paying for all of your marital debts, hoping that would save you from alimony obligation, or in exchange for it--even without a court order, you would owe that amount to your wife, and filing bankruptcy would not save you from that obligation, and that is under U.S.C. Section 523 (15).
