Go to navigation Go to content
Toll-Free: 866-414-4091
Phone: 415-341-1144
The Law Offices of Paul H. Nathan

Q:
How will my husband's filing for bankruptcy effect his obligation to pay me spousal support and/or child support?

A:

By federal law, child and spousal support orders are not dischargeable in bankruptcy proceedings; any debt "to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record" is excepted from discharge.

Put another way, a spouse cannot escape responsibility from their obligation to pay child and/or spousal support by filing bankruptcy.

 

Paul Nathan
San Francisco Divorce & Custody Lawyer Representing Women Exclusively