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Can I request alimony 2 years after the divorce has been finalized? I seek the money to repay a debt that he was responsible for

Tucson, AZ |

He had a line of credit that he did not pay. They are now garnishing my pay due to his bankruptcy safe haven. Can I ask for alimony 2 years later to use to repay monies taken from me?

Attorney Answers 5

  1. Best answer

    If the decree of dissolution of marriage (aka divorce decree) specifically states that your ex-husband is to pay the line of credit or indemnify you for the line of credit, then it was not discharged in his bankruptcy case if he filed a chapter 7 bankruptcy case (see 11 U.S.C. § 523(a)(15)). As Ms. Drain stated, you can go back to family court and try to get a judgment against your ex-husband for the money you have paid toward the line of credit.

    The information contained in my answer is provided for informational purposes only, and should not be construed as legal advice.

  2. You should be posting this question under the divorce section, not the bankruptcy section. In many states, if you were not awarded alimony at the time of the divorce, you have forever given up any right to alimony. I am not specifically familiar with the divorce laws in your state. Hope this perspective helps!

  3. It depends on the terms of your divorce decree. If he indemnified you then you should consider taking him back into the divorce court to reorder the award. I doubt the recorder will be called alimony, but that will be up to the court. Make sure to talk to a very good divorce attorney.

    This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the bankruptcy code requires that we call our firm a "debt relief agency." This information is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the related issues. Nor is this advice intended to create a client - attorney relationship. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information.

  4. You should see a local family law attorney. The terms of your divorce settlement papers might allow you to recover this money from. You should also talk to a bankruptcy attorney to get ride of this debt once and for all.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

  5. the only way a court can order spousal support is if you qualify and the debt does npt qualify you - moreover the fact that you did not ask for spousal support in your decree has now removed it from the jurisdiction of the court. You can seek enforcement of the terms of the decree but you need to talk to an attorney about the implications of the bankruptcy

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