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Divorce and Bankruptcy

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fedup2009

Junior Member
What is the name of your state (only U.S. law)? Alabama

Hope this is the right place to post these questions.
Wife and I have been married 6 years and have a 4 year old daughter. We are half way through a Chapter 13 Bankruptcy. We have been having problems and I am considering divorce. She has had a drug problem in the past and she has been going to a Methadone clinic for the past 4 years(to get off drugs). First question: How likely would it be that I could get custody of my daughter,since my wife obviously has some issues? Second question: If I do not get custody, would it be feasible to ask the court if I could finish paying the bankruptcy for us both (the vast majority was my debt but some was hers) in lieu of child support, until it is paid in full, then resume child support payements? Third Question: The house we have was mine before we got married, I know it is half hers, If I was ordered to pay her half of what it is worth, would that be in a lump sum or would it be in installments(like child support). Thank you in advance for your thoughts on these questions.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Alabama

Hope this is the right place to post these questions.
Wife and I have been married 6 years and have a 4 year old daughter. We are half way through a Chapter 13 Bankruptcy. We have been having problems and I am considering divorce. She has had a drug problem in the past and she has been going to a Methadone clinic for the past 4 years(to get off drugs). First question: How likely would it be that I could get custody of my daughter,since my wife obviously has some issues?
You haven't posted enough info to answer that question. She has clearly been in treatment for 4 years so that is very different than someone who is an active user of illegal drugs.

Second question: If I do not get custody, would it be feasible to ask the court if I could finish paying the bankruptcy for us both (the vast majority was my debt but some was hers) in lieu of child support, until it is paid in full, then resume child support payements?
No, that's honestly not likely, particulary since you admit that the vast majority of the debt was yours.

Third Question: The house we have was mine before we got married, I know it is half hers, If I was ordered to pay her half of what it is worth, would that be in a lump sum or would it be in installments(like child support). Thank you in advance for your thoughts on these questions.
No, the house is not half hers and no, you would not have to pay her 1/2 of what it is worth. What is marital property as far as the house is concerned is 1/2 of the equity that accrued during the marriage.

Example: The house was worth 100k when you got married and your mortgage was 80k. Today, the house is worth 110, and your mortgage is 70k. The equity when you got married was 20k. The equity now is 40k...that makes the marital equity 40k-20k = 20k. 1/2 of that is 10k, and that is what she would be entitled to receive.

Depending on the bankruptcy/debt details you might be able to offset some of the marital equity in the house, with some of the bankruptcy debt.

If either of you have 401ks or IRAs the portion of those that accrued during the marriage are also marital property, subject to division.
 

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