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Will bankruptcy stop child support?

By Florida Law Advisers, P.A. |

No, child support obligations are given special treatment in both Chapter 13 and Chapter 7 bankruptcy. A debtor will not be able to avoid their child support or alimony obligation by filing bankruptcy.

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My ex was supposed to pay the debt, What do I do now?

By Florida Law Advisers, P.A. |

Even if your ex-spouse accepts responsibility for the debt as part of the divorce settlement, you may still be held liable for the debt. Divorce settlements are agreements between married couples, they are not agreements with creditors. Therefore, a settlement agreement between divorcing couples will not be binding on a creditor.

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Should I file bankruptcy before filing for divorce?

By Florida Law Advisers, P.A. |

In a divorce case, all marital property must be distributed. Marital property can include credit card debts of your spouse, even if you are not listed on the account. Further, Florida judges will typically divide martial debts evenly, between the couple.

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Will bankruptcy wipe out alimony?

By Florida Law Advisers, P.A. |

In Chapter 13 bankruptcy, the payment plan must provide for alimony obligations to be paid in full. In Chapter 7, alimony payments are given priority and are not eligible for discharge.

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