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


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
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San Francisco Divorce & Custody Lawyer Representing Women Exclusively