Legal Question in Bankruptcy in Colorado

Spousal Support & Bankruptcy

I have been divorced for several yrs. I pay my ex-wife 50% of my current income (it was nearly 70% at one point). I am financially responsible for tens of thousands of dollars in debt incurred during our marriage. Most all the debts are in my name only. I am considereing filing Bankruptcy since I am unable to pay off that kind of debt and pay such large support payments. Will my ex- wife's support payemtns be affected if I file?


Asked on 8/30/07, 11:35 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Spousal Support & Bankruptcy

Bankruptcy does not affect spousal or child support payments. Chapter 7 bankruptcy will also not discharge property settlement obligations, such as any obligation owed to your ex-wife to satisfy joint debt. It will discharge that debt as to the creditor, but if you are obligated to pay it so that she does not have to, Chapter 7 bankruptcy does not affect that obligation to her. Chapter 13, however, will discharge such non-support obligations.

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Answered on 8/30/07, 12:42 pm


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