Can my ex-husband discharge a judgment for past due payment alimony?

UPDATED: Jun 8, 2011

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Can my ex-husband discharge a judgment for past due payment alimony?

Recently I was given a judgment against my ex-husband for past due alimony for the last 2 1/2 years. Can he have that discharged in bankruptcy?

Asked on June 8, 2011 under Bankruptcy Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, he cannot do this. The fact is that defaulted alimony obligations (also known as "spousal maintenance") are not dischargeable in bankruptcy, either a Chapter 7 or a Chapter 13. The same holds true of past due child support if any.

Note:  However alimony payments may be included in a Chapter 13 as long as they are paid in full during the life of the repayment plan.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, he cannot do this. The fact is that defaulted alimony obligations (also known as "spousal maintenance") are not dischargeable in bankruptcy, either a Chapter 7 or a Chapter 13. The same holds true of past due child support if any.

Note:  However alimony payments may be included in a Chapter 13 as long as they are paid in full during the life of the repayment plan.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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