Legal Question in Family Law in Massachusetts
My former husband has filed bankruptcy. He is responsible for paying me $1100 per month for alimony. Recently he took me to court stating that his salary had decreased by 30% , and he requested to lower his alimony payments to $75 per week.
I represented myself and an attorney helped me to subpoena his bank records. The court did not order any reduction in alimony based upon the evidence which included his bank statements reflecting his monthly salary which is automatically deposited as well as an additional income of $1,500 in cash deposited monthly. My former husband works for his family business and it is my belief that that they purposefully lowered his salary with the intention of reducing his alimony payments. His job title and responsibility remain the same.
His wages are being garnished due to non payment of college loans for our children's education. Furthermore, he has several credit cards that he recently acquired and maxed out during the past two years. Prior to our divorce his credit was perfect, although we had a small debt. His income remains virtually the same, other than the fact that he has to pay alimony. He has no assests other than new vehicle he purchased for $20,000 two years ago.
My question is , will my alimony be affected if in fact he is allowed to file for bankruptcy? Do I need to notify the bankruptcy court of the fact that he works for his family and they pay him cash under the table?
Thanks in advance for your help. Please leave a phone number to contact you should I need legal representation.
1 Answer from Attorneys
Alimony and child support cannot be impacted by Bankruptcy. Moreover, he can't discharge his obligations for Student loans either unless he can demonstrate hardship. It may be the family lowered his income to show hardship in paying back the student loans. The Dept of Education or whoever holds the Student loan debt will do a thorough examination of his assets, income et cetera.
If you are listed as a creditor you may need to object to any funds he claims are owed and subject to dismissal by indicating that the money is for alimony and child support.
The only court you need be concerned about changing your alimony is the Family Court who sets the alimony and child support.
Good Luck
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