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Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience:  10 years Exp., Great customer service, Prompt responses.
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I am divorced in 2008 In Maricopa county Az. (where there

Resolved Question:

I am divorced in 2008 In Maricopa county Az. (where there is latitude re chapter 7 bankruptcy vs spousal maintenance.) However I filed chapter 13 and was discharged in july 2010 in WASHINGTON state. I put my ex as a creditor and voluntarily paid her $25,000 of $60,000 in Bankruptcy.
She accepted the check and cashed it while unsuccessfully petitioning to get more.
I have paid the 2 years of required alimony in full, and she now gets a split of my pension. Now she is trying to get 5 more years of additional alimony ($60,000), In Arizona largely in part because of $42,000 was discharged & not paid from the Arizona divorce, due the bankruptcy. Is this in contempt of my discharged Chapter 13 , and can I file a motion to show cause why this is not contempt and have all proceedings moved to Washington bankruptcy court jurisdiction?
If so How should I proceed?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Paul K, Esq. replied 1 year ago.

Paul K, Esq. :

Hello, my name is XXXXX XXXXX I would love to assist you. Give me a moment to research your issue and I will answer promptly.

Customer:

ok

Paul K, Esq. : The answer to your question is that unfortunately you may have to pay her what was listed in the divorce decree.
Paul K, Esq. : Spousal support is unfortunately not dischargeable in a BK case.
Paul K, Esq. : In a chapter 13 some divorce debts can be discharged if you complete the payment plan, but these do not apply to anything in the nature of child support and spousal maintenance.
Paul K, Esq. : If the debt was a credit card bill that you had to pay or something like that, in a Chapter 13, those can be effected, even if not in a Chapter 7.
Paul K, Esq. : Now if she is trying to get new or additional money not described or accounted for in your original divorce decree, then you may have an issue there.
Paul K, Esq. : Im sorry if these are not coming through promptly, JustAnswer appears to be having technical trouble. I have tried logging in on multiple systems and nothing seems to work well, so I think JA is having an issue.
Paul K, Esq. : Continue to ask questions and follow-up with me to ensure that I fully answer your question before we conclude the session. I will be online throughout the evening to make sure I continue to answer your question fully.
Paul K, Esq. :

Feel free to ask any follow-up questions that you may have in order to ensure that your issue is resolved completely.

Paul K, Esq. :

Have a great week!

Paul K, Esq. : Customer I will continue to be online throughout the weekend, so if you have any other questions, let me know! Have a great weekend.
Paul K, Esq. :

Ramjet, it looks like this question is still listed as Open, please click the button (I think it is green) to close out the session. If you have more questions, however, be sure to let me know.

Customer:

I HAVE DONE THIS SEVERAL TIMES AND TALKED WITH JUST ANSWER. THE PROBLEM IS AT THEIR END. SO SORT IT OUT WITH THEM.


I'LL DO IT ONCE MORE ,THEN THIS SHOULD CLOSE THE MATTER

Customer:

EVERY TIME I HIT SUBMIT IT ASKS ME IF I WISH TO EXIT CHAT. I'M FED UP WITH THIS!!!!!!!!!!!!!!!!!!!

Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and 3 other Bankruptcy Law Specialists are ready to help you

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