Denton Family Law Attorney

Bankruptcy and Divorce

Many people have found themselves in the difficult position of needing to file for bankruptcy during or after a divorce. Sometimes this occurs due to the great financial losses that can be associated with divorce. At other times it is an example of two problems feeding into each other: many relationships have ended from the stress of financial difficulty. Whether you or your former spouse is filing for bankruptcy, it is important to know your rights and responsibilities.

Child Support and Alimony

When a person files for bankruptcy some debts become discharged, which means that person is no longer responsible for paying them. Child support, alimony, and other forms of court-ordered family support are exempt from discharge in most cases. If a non-custodial parent has missed previous child support payments, he or she is still responsible for paying them after filing for bankruptcy.

A person who files for bankruptcy may have child support or alimony discharged if:

• He or she does not have the resources to continue making payments, even taking all income and property into account.
• A court determines that discharging the payments would benefit the debtor more than it would harm the child or former spouse.

If the custodial parent is forced to file for bankruptcy, he or she can request that child support be increased to protect the child’s best interests during a difficult time.

If a judge decides to discharge your former spouse’s obligations to you and your children, you can file a complaint to have the discharge lifted. Whatever your circumstances are – if you are filing for bankruptcy or if your spouse is – you will need an experienced Denton family attorney to advise you and protect your legal rights.

Speak with a Denton Child Support Attorney

To speak with the experienced Denton child support attorneys Alexander & Associates, call our offices today at 972-420-6560.