Ex Husband may go to jail.. what happens to Child Support/ Alimony

[RCiancia]

What is the name of your state? Florida

My Ex ( divorced in Sept 03) recently filed Chapt 7 and appears to have gotten caught for a number of reasonsI wont go into here.. Max jail time is 5 years for Bankruptcy Fraud. If he does do jail time, what Happens to my Alimony and Child Support.. Will I be out of luck.. or does the State take care of me..

Very worried here.. please help..
Thanks

[bulldogg70]

I can assure you the state is not going to take care of you. The c/s and s/m will still be owed. The problem is while he is in prison he is not going to make much money so I am sure that he will fall behind on those payments. Although I am sure he will work in prison, he is not going to make much money at all.

[cyana24]

Originally Posted by RCiancia

What is the name of your state? Florida

My Ex ( divorced in Sept 03) recently filed Chapt 7 and appears to have gotten caught for a number of reasonsI wont go into here.. Max jail time is 5 years for Bankruptcy Fraud. If he does do jail time, what Happens to my Alimony and Child Support.. Will I be out of luck.. or does the State take care of me..

Very worried here.. please help..
Thanks

I confused...in some of your posts you are a female, as in this one, and in some of your posts you are male. Which is it?

In any case, I was in in a similar situation as yours (i.e. family support/lifetime alimony) and my ex committed massive bankruptcy fraud. Unfortunately, I was the only one who recognized it (thanks to PACER). I pointed this out to my own bk/divorce lawyer while sitting in the waiting room for my own 341 meeting. Lawyer's comment "Wow... this is the most blatant case of bk fraud that I have ever seen. If you report this he will go to jail and you will not receive your family support/alimony until he gets out of jail". Of course, I'm giving you the short version - my attorney had a lot more to say because my ex was truly a "P-O-S". At that time keeping a roof over my teenager's heads and food in their mouths was more important than notifying his trustee and bk judge of his "crimes".

In your case, the cat's already out of the bag - his bankruptcy fraud. I don't know what will happen since I didn't pursue it. I don't if your alimony award would go into arrears. If I were you I'd start looking into "social services" though. Do you receive any disability income (SSDI,SSI, company disability benefits) at all?

Sorry I can't be more helpful. I think if your ex owes CS and you go on "welfare" at some point the state will become involved but I don't know how or if the state will be reimbursed. You might want to post this on the "child support" board if you haven't already. Somebody there will probably know a lot than me. I don't frequent that board because I no longer get CS.