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Ellen
Ellen, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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can i stop my alimony payments while I am going through ba

Resolved Question:

can i stop my alimony payments while I am going through bankrupcy.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


A support obligation is not discharged in bankruptcy.

A court order must be followed until it is modified or vacated.

That said, you can consider a petition for modification of spousal support based upon a change in circumstances and the financial inability to pay.


There is no formula to calculate spousal support . The standard is need and ability to pay. In your motion to modify support, you will want to clearly indicate to the court how the circumstances have changed.

I hope that this information has helped you.

If I can be of assistance in the future, please ask for .

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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE
Customer: replied 8 years ago.
Sorry, do not understand. If I go bust tomorrow, and collect no salary at all, I still have to pay my x alimony. Where do I get the money to pay?
Expert:  Ellen replied 8 years ago.
Hello,

I do understand the dilemma. However, you can be held in contempt of court for nonpayment even if you have no money. That is why you need to file for modification of the order promptly. Sorry to be the one to give you the bad news.

If I can be of assistance in the future, please ask for .

Bonus and Positive Feedback = job well done.


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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