What are the requirements for alimony and spousal support?
Alimony and Spousal Maintenance To be excepted from discharge, money owed to a spouse has to meet three requirements: The debt must be in the nature of alimony, maintenance, or support. The debt must be owed to a former spouse.
What do you need to know about alimony in bankruptcy?
The debt must be in the nature of alimony, maintenance, or support. The debt must be owed to a former spouse. The debt must be incurred in connection with a separation agreement, divorce, or property settlement agreement (or other order from a court of record). In determining the issue of discharge, most litigation concerns the first requirement.
What are the requirements for an alimony discharge?
To be excepted from discharge, money owed to a spouse has to meet three requirements: The debt must be in the nature of alimony, maintenance, or support. The debt must be owed to a former spouse. In determining the issue of discharge, most litigation concerns the first requirement.
Why is domestic support important in a chapter 13 bankruptcy?
For instance, domestic support obligations have a high priority, but most other unsecured debts, like credit cards and medical bills, are assigned a lower priority. This becomes important in a Chapter 13 case when the debtor doesn’t make enough money and cannot make a high enough payment throughout the plan to pay all of their obligations.
The debt must be in the nature of alimony, maintenance, or support. The debt must be owed to a former spouse. The debt must be incurred in connection with a separation agreement, divorce, or property settlement agreement (or other order from a court of record). In determining the issue of discharge, most litigation concerns the first requirement.
How does Chapter 13 work for child support?
This means that a portion of your ex-husband’s monthly Chapter 13 plan payment will go towards satisfying the back child support he owes you. Your ex must pay off all of his outstanding child support arrears and be current on his ongoing support payments before he can receive a Chapter 13 discharge.
Alimony and Spousal Maintenance To be excepted from discharge, money owed to a spouse has to meet three requirements: The debt must be in the nature of alimony, maintenance, or support. The debt must be owed to a former spouse.
To be excepted from discharge, money owed to a spouse has to meet three requirements: The debt must be in the nature of alimony, maintenance, or support. The debt must be owed to a former spouse. In determining the issue of discharge, most litigation concerns the first requirement.