Alimony recipients needs to file bankruptcy

[chrisgee]

What is the name of your state (only U.S. law)? CA

My mom and dad divorced several years ago; he pays her alimony but her personal debts are becoming untenable and she needs to file bankruptcy (not sure which type yet). However, she is concerned this will affect the amount of alimony she receives. Does anyone know if this is true? If anything I would think the alimony would make it harder for her to claim bankruptcy, but she is concerned the amount she receives will be lowered. Has anybody ever heard of this before?

 

[Proserpina]

What is the name of your state (only U.S. law)? CA

My mom and dad divorced several years ago; he pays her alimony but her personal debts are becoming untenable and she needs to file bankruptcy (not sure which type yet). However, she is concerned this will affect the amount of alimony she receives. Does anyone know if this is true? If anything I would think the alimony would make it harder for her to claim bankruptcy, but she is concerned the amount she receives will be lowered. Has anybody ever heard of this before?

Why would it be lowered? Is it contingent upon Mom's outgoing expenses?

What does Mom's court order actually say?

 

[chrisgee]

I'm afraid I don't have the specifics, I was just wondering if this is at all common. It wouldn't seem to make sense that her alimony would be necessarily lowered because of her bankruptcy. I will try to find out more if I can, but it sounds like it's not common.

 

[Ohiogal]

I'm afraid I don't have the specifics, I was just wondering if this is at all common. It wouldn't seem to make sense that her alimony would be necessarily lowered because of her bankruptcy. I will try to find out more if I can, but it sounds like it's not common.

I can think of a few instances where her bankruptcy may call for alimony to be lowered -- if mom was made responsible for a joint debt and now the creditors expect dad to pay because they can no longer get payment from mom.