Legal Question in Family Law in California
Hi, me and my husband are getting divorced. He has his own company and gets good profits out of it. He was going to file divorce documents but talking to his friend on a phone he said something about bankruptcy. I assume he is going for bankruptcy in order not to pay alimony and/or child support. Please, let me know what i can do in this situation
3 Answers from Attorneys
Spousal support and child support are not discharged by the filing of bankruptcy, and there is law that states the automatic stay does not even apply to prevent collection of support.
With the limited but important facts you provided in your question, it's clear that its essential that you meet with an experienced family law attorney to explore your legal options. Just because the business may be bankrupt does not mean your husband does not have the ability to pay support.
You should definitely have an attorney, but I can tell you that support is not dischargeable in bankruptcy. Further, you indicate that your husband makes "good profits" from his busines, so I would have to question the filing of a bankruptcy.
BARRY BESSER
www.besserlaw.com
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