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can I claim $1400 as spousal/family support?

I have been separated from my spouse since August 2, 2009. There is no separation agreement and I am paying about $1400 per month towards the rent for the house where my spouse and three children (all over 18 years) are living. If I file for bankruptcy now, can I claim $1400 as spousal/family support?

Posted from: British Columbia

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One Response to “can I claim $1400 as spousal/family support?”

Barton Goth – Goth & Company Inc. -Trustee in Bankruptcy said...

As long as their is a separation agreement in place, it makes no difference whether it is court driven or simply negotiated outside of the courts. Now you will want to confirm the specifics of this with your local trustee as things can vary slightly in each region but as a general rule this shouldn’t be an issue if it was set up properly.