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If my spouse must pay me maintenance and he files for bankruptcy after the divorce, what happens to my maintenance?

Castle Rock, CO |

He has a tax lien and has frequently mentioned bankruptcy before we split.

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Attorney answers 4

Posted

Maintenance is not dischargable in bankruptcy, but if he cannot pay, it will accrue with interest and be a debt to you, which may not be of help in the short term to you.

You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Asker

Posted

Thank you Mr. Rich, but how can it become a debt to me? That is scary.

Posted

Mr. Rich is correct. I would offer one caution. If you assign your rights to the maintenance to a collection attorney or collection agency, the maintenance owed becomes dischargeable in bankruptcy. Maintenance and child support are considered under federal bankruptcy law to be non-dischargeable debts.

Posted

Niether maintenance or child support can be discharged in bankruptcy and must be paid if the person is able.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

Posted

It is non dischargeable