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My ex-husband has filed for bankruptcy and is almost $20,000…

Customer Question
Good Morning, my ex-husband...

Good Morning, my ex-husband has filed for bankruptcy and is almost $20,000 behind in spousal support. Is there anything I can do through the courts to collect that money?

Lawyer's Assistant: What steps has your ex-husband taken? Has he filed any papers in family court?

He filed in March but I am not sure if he filed any paper in family court

Lawyer's Assistant: Family law varies by state. What state is he in?

I am actually in Canada. Calgary Alberta.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He is also filing to collect the $40,000 for exempt residential property. Is there anything I can file so that I can get that money for money that he owes me?

Submitted: 9 months ago.Category: Canada Law
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11/7/2017
Lawyer: Debra, Lawyer replied 9 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,979
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 9 months ago

I am sorry to hear this.

But bankruptcy has no impact in the least bit on spousal support. He owes it no matter what.

You can file your order for support with Maintenance Enforcement and they will seek to enforce it. They can garnish wages. They can suspend his licence. They can suspend his passport.

https://justice.alberta.ca/programs_services/mep/Pages/default.aspx

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 9 months ago
I am already in the process of registering with maintenance enforcement. Is there also something I can file with the courts regarding the $40,000.00 for the sale of the primary residence? My ex-husband is going to court on Thursday to see if they will grant him the $40,000.00 is there anything I can file through the courts to ensure the what he owes me in spousal support is paid to me before he gets anything granted to him?
Lawyer: Debra, Lawyer replied 9 months ago

You can register a lien on title to the home. If you have an order for support you may be able to do that. You can ask maintenance enforcement about this but I don't think they can move fast enough. You can certainly call them and see if they will given the facts.

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Customer reply replied 9 months ago
The house was foreclosed upon, sold and the excess monies have been paid into court. I don't think a lien would work in this instance. Revenue Canada registered writs against the house already that were in excess of the equity. since he has filed for bankruptcy he is not trying to get the $40,000.00 that is allowed for the sale of your primary residence released. I am thinking of going to court and speaking with the judge but I don't think that is how things work in the legal world. That is why I am wondering if there is anything I can file with the courts to make my claim.
Lawyer: Debra, Lawyer replied 9 months ago

No it wouldn't. It's too late for that.

You can try. You can go to the courthouse now and ask how you can attend and defend your rights.

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Lawyer: Debra, Lawyer replied 9 months ago

Is there anything more I can help you with at this point in time?

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