Legal Question in Bankruptcy in California

Bankruptcy Question

My wife and I are seperated and she has filed for a divorce yesterday. She is seeking custody of our child along with child and spousal support.

We make about the same amount of money. I have not money now to pay normal living expenses because it is tied up in this divorce.

I cannot affort to pay any child or spousal support. I have a lot of debt and I know she is not going to pay any part of it. I am and will have a lot of trouble just making ends meet every month with just basic living expenses.

Can someone file bankruptcy to stop this child and spousal support petition?


Asked on 10/06/04, 11:37 am

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Bankruptcy Question

First, talk with a family law lawyer to find out what your rights and obligations are regarding spousal and child support--there are formulas, but the results can be very different depending on the variables in the formula. This is important because these obligations are not dischargeable in bankruptcy court, so you'll need to work out the numbers now.

Your other debts are probably dischargeable, depending on your income and assets, so a bankruptcy may still be a good option for you. It will not, however, change the support duties you may owe, if any.

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Answered on 10/06/04, 1:23 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Bankruptcy Question

First of all child and spousal support obligations are not dischargable through bankruptcy. If you both get paid the same amount of money...she will not get spousal support..also if you have lots of community debts...she will be obligated to assume some debts.or.accordingly can be off set against chid suppoert obligation. Then you should do Bk to discharge credit card debts. I do family law and Bankruptcy both so let me know if I be of any help to you.

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Answered on 10/06/04, 4:00 pm


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