How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JoeLawyer Your Own Question
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
Type Your Bankruptcy Law Question Here...
JoeLawyer is online now
A new question is answered every 9 seconds

In Missouri, after filing for a chpt. 13, my husband abandoned my kids and me & moved

Customer Question

In Missouri, after filing for a chpt. 13, my husband abandoned my kids and me & moved out of the state. How does this affect our bankruptcy, if at all? When we filed they put into consideration that he was going to HAVE to take an out of state job to support our family. The judge worked out very low payments, stating it was a hardship bankruptcy because my husband would be traveling home every weekend after work. THAT DID NOT HAPPEN! He recently got a $10,000 bonus from work and his attorney told him to spend it quickly so the judge/court wouldn't find out about it. He gave me $500.00 out of the $10K! My husband has also told me that since we have not lived in the same house for 2 yrs. we are now legally separated!! I never signed any papers stating this! He's also forged my signature on our taxes for 2 yrs.& I never saw a dime.He's retired army ofc. and keeps threatening me he'd divorce me so I'd lose all medical and I'm disabled.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 5 years ago.
Question: In Missouri, after filing for a chpt. 13, my husband abandoned my kids and me & moved out of the state. How does this affect our bankruptcy, if at all?

Answer: If you keep making the Chapter 13 Plan payments, it won't, by itself, affect the bankruptcy. However, if his income has changed, he is supposed to report that change to the trustee/court so the Chapter 13 Plan payment amount can be reviewed and possibly increased if his income went up, or potentially decreased if his income went down.

However, since he is not necessarily communicating accurately with you, you might want to talk to another bankruptcy attorney to see if deconsolidating the joint bankruptcy case into two separate bankruptcy cases would be in your best interest. Then, assuming you qualify for Chapter 7, you could convert your case to Chapter 7 and discharge the debt, and let him do whatever he wants with his bankruptcy case. I'm not saying this is necessarily the best course since there are a lot of factors I don't know and can't review in this format which may determine your best course, but there are certainly some things you can do to protect yourself, and you will need a consultation with an attorney to know what to do considering your income is only disability now, etc.


LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Funds I receive from are gratuities paid to me for taking the time to respond to questions, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.

Related Bankruptcy Law Questions