Division of Marital Property in Bankruptcy

September 3rd, 2014 by Questions

Division of Marital Property in Bankruptcy – If my ex claims bankruptcy but there is an order of the court to pay me costs of 20,000 to be offset by me not paying child support. Does that get effected by her bankruptcy?

Posted from: Ontario

Questions

One Response to “Division of Marital Property in Bankruptcy”


September 03, 2014 at 3:49 pm, Jillian Taylor-Mancusi, Trustee | B.A. | C.I.R.P said:

The answer to your concerns lies in the actual wording of the court order. The $20,000.00 “costs” if it relates to division of marital property is likely dischargeable in the bankruptcy. If the order allows future child support to be set off then this may prevent action against you for child support. The trustee in bankruptcy would not be coming after you for this payment in any event.

Once the bankruptcy is over it is possible that your ex-spouse could initiate a court action to open the issue of child support. You will want to talk to a family law lawyer to get clarification of this possible action.

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