Divorce and Domestic Support Obligations
Divorce and Domestic Support Obligations are determined under state law. Typically, where there is a state support or divorce court order, a bankruptcy court will not disrupt the state court order.
The filing of a bankruptcy does not automatically stop a proceeding in divorce court from continuing. Only under certain circumstances will a bankruptcy proceeding impact a divorce proceeding.
A Divorce Court will make preliminary and final orders with respect to visitation, marital status, division of property and debt, and support obligations, such as child and spousal support.
Once support orders are made, they will remain in effect until they are complete or changed by the divorce court. A Bankruptcy Court will not modify support orders.
Delinquent or back domestic support orders can be addressed in a bankruptcy. The support order that is owed is a non dischargeable debt, but a repayment schedule of that debt can be crafted in a Chapter 13 Bankruptcy.
Contact Us to Learn About Your Options
If you pay support, you may be able to seek a modification to the original support order. If you receive support, you may seek an enforcement action to collect back payments and to ensure future support.
Attorney Rausa can also discuss the options that apply to very specific circumstances. Whether you pay or receive domestic support, he can advise you about your situation and discuss the best approach to take. Contact him toll free at (619)295-3322.
Free initial consultation * Available 24 hours a day * Evening and weekend appointments possible