Both alimony and child support are among the list of debts that cannot be wiped clean by bankruptcy.
Even after you file for bankruptcy protection, you must continue to pay all alimony and child support payments in full and on time. Failure to do so could actually put you at risk of being in contempt of court and subject to wage garnishment. Depending on your state laws, you also may also be subject to arrest; your assets may be seized; and your driver’s license may be revoked.
While filing for bankruptcy will not relieve you of your alimony and child care obligations, depending on your divorce settlement you may be able to modify the terms. You should contact the court as soon as you suspect you are going to be unable to make payments on time. Contacting the court and your former spouse about your inability to afford alimony payments may demonstrate to the court that you are doing everything possible to pay your debts in good faith.
If you're struggling with paying alimony, there is some good news. Filing for bankruptcy protection may serve as an opportunity to get back on your feet and regain financial control. If you're considering filing for bankruptcy and are concerned about your ability to pay child support and alimony, you should consult an experienced bankruptcy attorney who can help.
Castle Law Office has been handling bankruptcies for Kansas City clients from more than 14 years. If you need the fresh start bankruptcy can provide, call us today at 816-842-6200 to speak with an attorney. Or click here to email us and schedule your free consultation.