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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116706
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex wife has managed to take more in divorce than I have.

Customer Question

My ex wife has managed to take more in divorce than I have. She was awarded a large portion of my income and from what I have left she has been or will be awarded judgments that I have no ability to pay. Would it be advisable to file for bankruptcy? Would
it possibly help me in anyway? Is there any possibility that bankruptcy would diminish the judgments?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Are you referring to spousal support judgments, or separate judgments?

Customer: replied 1 year ago.
Both my ex just got awarded $12,000 more in spousal support despite the fact that she has been married for 3 years. DFAS will not garnish spousal support to a "married" ex spouse so it will be a judgment. She also did not file for my military retirement so as to avoid receiving "un hideable" income which would have put her in a position to pay child suppport (I had the children). Now that my children are close to emancipation she has gone to court to get retro active military pay that she did not take during that time. Since retro active modification of child support is not allowed she will now get it tax free (because I paid the taxes) and free from paying child support. DFAS will not garnish "retro" retire pay so it will be a judgment as well. Since she now has 40% of my income, got all my assets and I had to support the children for 10 years with no financial aid from her for 10 years while paying attorneys I am now insolvent. I only have the home I live in and 60% of my retire pay. I was a military pilot for 25 years and am disabled.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The problem is that in bankruptcy, the court will not be able to extinguish any judgment that is deemed for family support (spousal or child). If the judgments are not for support, but for items other than support, then the court may extinguish those judgments or part of the judgment that is not for support, so it is something you would be able to explore certainly as it could reduce the judgments for anything that is not deemed to be "support."