The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) changed the law with respect to the discharge of domestic support obligations in bankruptcy proceedings. Prior to this law being enacted, individuals often were able to avoid paying obligations that they had agreed to or been ordered to take on in a divorce simply by filing for bankruptcy.
As a result of BAPCPA, the good news is that even if your ex files for bankruptcy, he or she still has to pay any child support that is owed to you. Child support debts are non-dischargeable in bankruptcy. This means that a parent cannot get out of paying child support simply by filing for bankruptcy, even if the child is now emancipated for the purposes of child support.
Alimony also is non-dischargeable in bankruptcy proceedings. So long as alimony is characterized as a support obligation incurred in the course of a divorce or separation, an individual cannot get relief from paying alimony that is owed to an ex-spouse. Therefore, even if your ex files for bankruptcy, he or she still will have to pay any alimony obligation to you.
A Georgia child support lawyer can make all the difference in giving you the knowledge necessary to deal with legal issues that may impact your receipt of child support or alimony.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.