Bankruptcy / Divorce

[faw11]

What is the name of your state (only U.S. law)?
My ex is declaring bankruptcy to get out of paying me the court ordered settlement, no kids or alimony involved.I do not need the money,I am very well off,my ex does need the money.Will my ex be able to do this?

 

[mistoffolees]

What is the name of your state (only U.S. law)?
My ex is declaring bankruptcy to get out of paying me the court ordered settlement, no kids or alimony involved.I do not need the money,I am very well off,my ex does need the money.Will my ex be able to do this?

Maybe you should start by hoping that Karma doesn't exist.

 

[LdiJ]

Maybe you should start by hoping that Karma doesn't exist.

I am not sure that I understand this statement Misto...if the judge divided marital property according to the law, there isn't necessarily any "Karma" to be involved.

 

[mistoffolees]

I am not sure that I understand this statement Misto...if the judge divided marital property according to the law, there isn't necessarily any "Karma" to be involved.

No, you wouldn't understand it. And 'Karma' has nothing to do with the law.

OP is "very well off" and doesn't need the money. At the same time, the person he/she loved enough at one point to marry is in severe enough financial straits to have to declare bankruptcy (few people file bankruptcy just for kicks).

I guess it never occurred to you or to OP that the decent thing to do would be to forgive the debt since he/she is so well off that the money doesn't mean anything to him/her.

 

[divona2000]

Double post
(and why should anybody get out of paying what they are court-ordered to? Love, or former love, has nothing to do with law. OP said ex is filing just to avoid paying what is owed).

 

[mistoffolees]

Double post
(and why should anybody get out of paying what they are court-ordered to? Love, or former love, has nothing to do with law.)

I never said it did. Clearly, OP has the LEGAL right to insist on payment.

What I said was that it's a matter of karma. If the money means nothing to OP, but it's going to drive his/her ex into bankruptcy, a decent person would let it go.

 

[LdiJ]

I never said it did. Clearly, OP has the LEGAL right to insist on payment.

What I said was that it's a matter of karma. If the money means nothing to OP, but it's going to drive his/her ex into bankruptcy, a decent person would let it go.

Think it through Misto....

Each party responsible for 1/2 of the marital debts. Each party entitled to 1/2 of the marital assets. Obviously marital assets exist above and beyond the marital debt...so why bankruptcy?

 

[mistoffolees]

Think it through Misto....

Each party responsible for 1/2 of the marital debts. Each party entitled to 1/2 of the marital assets. Obviously marital assets exist above and beyond the marital debt...so why bankruptcy?

Yes, think it through:

OP says he/she is 'very well off' and doesn't need the money while other person is going to file for bankruptcy. That means either:
1. OP's money is non-marital and ex has nothing - in which case, my comments are valid.
or
2. OP's money was from the marriage and ex got an equal amount. If that were the case, why would ex be filing for bankruptcy? No one in their right mind would ever file for bankruptcy if they had a lot of money.

The most logical explanation is that there wasn't enough marital assets to cover the debts and OP has a large amount of separate money. Nothing else makes sense.