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Ask Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My son is going through a very difficult divorce. His wife

Resolved Question:

My son is going through a very difficult divorce. His wife left him and she is living with another. He has stayed in the (brand new) house which was theirs, and the children live with him part time. A 50/50 custody agreement has been signed. His estranged wife, and defendant in the divorce suit has a structured insurance settlement which will, over the next 15 years, award her $750,000. She is deeply in debt now and is planning to file bankruptcy, naming the house they own jointly as part of her debt even though my son has been paying the mortgage and all bills relating to himself and the children regularly. Can she name the house as her debt abd force him to sell the house, and is it possible under those circumstances for the mediator who is attempting to determine a fair child support arrangement (due to her structured settlement) not to be able to include her settlement payments as her income?
Submitted: 8 years ago.
Category: Bankruptcy Law
Customer: replied 8 years ago.

Spring Grove, Pennsylvania

Already Tried:
asking an attorney friend in Philadelphia; he is out of town for the weekend.
Expert:  Ellen replied 8 years ago.


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

She is required to list the mortgage note as a debt in the bankruptcy.

The bankruptcy schedules require a debtor to affirm, under penalty of perjury, that all debts and all assets are listed in the petition.

Thus, assuming she signed the mortgage note, she is required by law to list it in her petition.

The structured settlement would typically be included when determining child support. The calculation of child support includes resources of any nature available to the parent.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,

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