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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I am a 66 year old male whose only income is $12,500 annually

Resolved Question:

I am a 66 year old male whose only income is $12,500 annually from Social Security. My credit card debt is $15,000. I am currently married and my wife supports me. I am divorced and am currently paying $20,000 a year in continuing alimony and a life insurance policy. My ex wife's assets are at least $300,000 and I have none. I have recently been diagnosed with rheumatoid arthritis and cannot work. Is there any way (bankruptcy?) that I can get relief. My current wife refuses to pay any more to my ex.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.
Welcome to JustAnswer,

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

You may file a bankruptcy to discharge/erase your credit card debt. Your obligations to your former wife would continue

A husband and wife are not required to file a bankruptcy jointly. One party can file without the other.

The effect on the non-filing spouse will be dependent upon whether there are joint debts and/or joint assets. If there are no joint debts and no joint assets, there may be little or no effect on the non-filing spouse. If there are joint debts and/or joint assets, the non-filing spouse would remain liable on the joint debt and the joint assets would need to be included in the filing.
Customer: replied 5 years ago.

My current wife and I have no joint assets nor joint debts.

If I have no assets and total income of only 50% of my obligations to my ex, how do they expect me to pay

I have no money and cannot work due to rheumatoid arthritis.

What might be the penalties if I cannot pay my ex?


Expert:  Ellen replied 5 years ago.
I understand your situation. A bankruptcy would assist in as far as the credit card debt would be discharged. You will need to submit your question concerning the obligations to your ex to our family law experts in a separate question as per site rules
Ellen and other Bankruptcy Law Specialists are ready to help you