I Live In New Port Richey And Get Alimony & Child Support From My Ex-Husband. He's Filing Bankruptcy - What Happens Next?
Not necessarily. Past-due alimony and child support are not dischargeable in bankruptcy, so the bankruptcy will not wipe those out. However, because your former spouse is filing for bankruptcy, his financial circumstances have probably changed since you got your divorce. Because of the change in financial circumstances, your ex can choose to go back to court to ask that child support and alimony be modified.
If he does choose to go back to court, he will have to disclose all of his financial information to the court. He will also have to show proof that he is unable to financially continue providing support. In some cases, the judge will temporarily halt alimony, in order for the payer to get back on his or her feet financially.
If your former spouse is going through a bankruptcy, that may mean that he is better able to pay your alimony and child support. Bankruptcy, depending on the type filed, will either wipe out a lot of unsecured debts, like credit cards or medical expenses, or will set up a payment plan so that your ex will be better able to pay off those old debts.
If your ex-husband either chooses to take you to court in order to get the alimony and/or child support reduced, or fails to pay alimony and child support, you should speak with an attorney. You will need someone to represent you in the alimony modification, or you may be able to file papers in court to compel your spouse to pay.