In Massachusetts, bankruptcy can provide relief from many types of debt, but it’s important to understand that not all obligations can be discharged. Specifically, alimony and child support obligations are considered “domestic support obligations” under the Bankruptcy Code. This means they are not dischargeable in bankruptcy. In simpler terms, filing for bankruptcy will not eliminate your responsibility to pay alimony or child support. These obligations are considered a priority debt, and they must be paid in full, regardless of your bankruptcy status. This is because the law prioritizes the welfare of children and the financial stability of the spouse who is receiving support.
What Happens to My Alimony and Child Support Payments if I File for Bankruptcy?
When you file for bankruptcy, an automatic stay is put into place. This stay prevents most creditors from taking collection actions against you. However, the automatic stay does not apply to domestic support obligations. This means that even if you file for bankruptcy, your ex-spouse can still enforce alimony and child support orders. In fact, if you are behind on your alimony or child support payments at the time you file for bankruptcy, these arrears will not be discharged. You will still be responsible for paying them, in addition to your ongoing monthly obligations.
Can Bankruptcy Affect My Ability to Modify Alimony or Child Support?
While bankruptcy itself does not directly affect your ability to modify alimony or child support, your financial circumstances might. In Massachusetts, you can request a modification of your support obligations if you can demonstrate a material change in circumstances. This could include a significant decrease in your income or a substantial increase in your expenses. However, it’s important to note that filing for bankruptcy does not automatically constitute a material change in circumstances. The court will take into account all significant factors, including your income, expenses, and the needs of your children or ex-spouse. If you’re considering filing for bankruptcy and are also seeking a modification of your support obligations, a knowledgeable attorney can assist you.
What If I Can’t Afford My Alimony or Child Support Payments?
If you’re struggling to make your alimony or child support payments, it’s essential to act as soon as possible. Ignoring the problem won’t make it go away and could lead to serious legal consequences. In Massachusetts, failure to pay child support or alimony can result in being charged with contempt of court, and result in wage garnishment and even jail time. Instead of ignoring the problem, reach out to an experienced attorney. Remember, a significant change in your financial circumstances, such as job loss or a serious illness, could potentially qualify as a material change in circumstances that warrants a modification.
What If I’m Paying Alimony or Child Support and I Lose My Job?
If you lose your job and are unable to meet your alimony or child support obligations, it’s important to act as soon as possible. In Massachusetts, you can request a modification of your support obligations due to a material change in circumstances, which could include job loss. However, it’s important to note that you must continue to make your payments until the court approves your request for modification. Failure to do so could result in serious legal consequences, including contempt of court charges. If you’re facing job loss and struggling to meet your support obligations, reach out to an experienced attorney.
What If I’m Paying Alimony or Child Support and I Become Disabled?
If you become disabled and are unable to work, this could potentially qualify as a material change in circumstances that warrants a modification of your support obligations. However, the process can be complex and requires thorough documentation of your disability and its impact on your ability to earn income. If you’re facing disability and struggling to meet your support obligations, consult with a knowledgeable attorney.
What If My Ex-Spouse Files for Bankruptcy?
If your ex-spouse files for bankruptcy, you might be wondering how this will affect your alimony or child support payments. As mentioned earlier, domestic support obligations are not dischargeable in bankruptcy. This means that even if your ex-spouse files for bankruptcy, they are still obligated to make their alimony and child support payments. However, if your ex-spouse is struggling financially, they might seek a modification of their support obligations.
How Can an Experienced Lawyer Help Me Navigate Bankruptcy and Support Obligations?
Navigating the intersection of bankruptcy and family law can be complex. An experienced attorney can help you evaluate your financial situation, explore your options, and develop a strategy that best meets your needs. They can help you understand whether a modification might be possible or what the implications of bankruptcy would be on your financial situation and your support obligations.
If you’re struggling to meet your support obligations, call Benner Law at (774) 404-8321 for a free case evaluation! We can represent you in court, advocate for your interests, and help ensure that your voice is heard. We can also provide you with peace of mind, knowing that you have a professional on your side who is committed to helping you navigate these challenging issues.
