Legal Question in Bankruptcy in New York

ex's bankruptcy

my ex-husband, who has declared bankruptcy, claims he no longer has to pay me according to our divorce settlement agreement because his attorney told him that the clause in the agreement under article 16: bankruptcy, that states ''all transfers or payments provided for in this agreement are intended to be maintenance or child support'' and is there for a nondischargeable debt is not valid because it was not signed by a district attorney. Is it true that this clause is not binding and that he can be discharged from paying me the monthly payment he agreed to in the settlement? The agreement was signed and notarized by both me and my ex.


Asked on 6/08/09, 4:54 pm

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: ex's bankruptcy

Your ex-husband is pulling your leg. Maintenance and child support are not affected by a filing of a bankruptcy. The bankraptcy law excludes maintenance and child support from discharge. The district attorney is only used for criminal matter, and not matrimonial or bankruptcy matters.

If you need help in collecting the child support or maintenance please feel free to contact me

Jeff Lazroe

Read more
Answered on 6/11/09, 10:37 am


Related Questions & Answers

More Bankruptcy Law questions and answers in New York