child support and bankruptcy
My husband and I parted ways almost a year ago. We divided our things by ourselves and avoided the battle in court so the kids wouldn’t be stuck in the middle.
He has been paying a modest amount of support since the separation. This is not a legal arrangement. We just agreed to it ourselves.
The problem lies in the fact that my husband is very irresponsible with his money. Since our parting, he has purchased a house that he can’t afford and several other items that have him financially tapped out. His last cheque he gave to me was returned NSF.
If bankruptcy is declared, will he still be liable to pay support even though it was not a formal agreement?
Please advise.
Sorry for the delay in responding – the short answer is that your ex may stop making payments to you whenever he likes. Since there is no support order in place he is under no legal obligation to pay.
That being said, if he stops making payments presumably you will hire a lawyer and get a support order requiring him to pay.
He’ll likely want to avoid that and start making payments again…