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Ex spouse is declaring bankruptcy

I have been divorced for over 10 years. My former spouse(lives in Ontario) is in excess of 58,000 in arrears for child support. I currently receive 50% of his CAF pension(garnishee), however this does not cover his monthly support obligation. My question is can I expect to maybe collect some of the money he owes me or will the arrears just survive the bankruptcy and keep building every month.

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One Response to “Ex spouse is declaring bankruptcy”

Barton Goth, GCO Inc. Bankruptcy Trustees said...

What will take place will depend largely on how much money will be available to your ex-spouses money, which in turn depends on his level of income and the types of assets he may own. Realistically, in most bankruptcy situations there is very little that is available to the creditors, if this is the case the amount owing for child support will simply survive and keep building every month. However, if there is money that would be paid out to the creditors, any support for the last year would receive a priority. Meaning, any arrears of support that relate to the last year would receive dividends in advance to most other creditors, before the other creditors receive any money the arrears for that year would have to be paid in full. As before, any additional arrears would simply survive the bankruptcy.