Readers ask: What Happens To Debt And Alimony?

Does debt affect spousal support?

The general rule is that a debt for a “domestic support obligation” is not dischargeable.

Is alimony protected from creditors?

Income that is completely protected from creditors Debt collectors and creditors cannot take protected income to repay your debt. But this income is not protected from paying debts like alimony, child support, criminal fines or money you owe the government.

Does debt get split during divorce?

In California, a community property state, creditors can hold both spouses liable for debt incurred individually during a marriage. This means that any debt incurred by both spouses during a marriage, separation, or after the divorce is their responsibility.

Do I still owe alimony if I lose my job?

This is a legally-binding court order requiring one of the spouses to pay financial support to the other, lower-earning spouse. If you have been ordered to pay spousal support, you must pay as required and follow the court order. Unfortunately, if you lose your job, making the ordered payments can become impossible.

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Does a spouse have to pay off credit card debt?

In most cases you will not be responsible to pay off your deceased spouse’s debts. As a general rule, no one else is obligated to pay the debt of a person who has died. If there is a joint account holder on a credit card, the joint account holder owes the debt.

Is debt factored into alimony?

The court may order payment of debts and expenses, including the opposing party’s divorce attorney’s fees as a form of spousal maintenance. Alimony is awarded based upon the income of each party, the property existing in the marital estate, and the potential earning ability of each spouse.

Can creditors take your stimulus check?

Credit Card Debt: Yes The newest stimulus act does not include protections against private creditors and collectors. That means if you have credit card debt, your stimulus funds might be garnished.

Can alimony be garnished?

California courts may award spousal support when couples go through divorce. Most individuals subject to making spousal support payments have their wages garnished to meet their legal obligations.

How long does it take for creditors to sue you?

“Typically, a creditor or collector is going to sue when a debt is very delinquent. Usually it’s when you’re falling at least 120 days, 180 days, or even as long as 190 days behind,” says Gerri Detweiler, personal finance expert for Credit.com, and author of the book Debt Collection Answers.

Are assets always split 50/50 in a divorce?

In every divorce, couples must divide marital property and debt before the judge will grant the request for a divorce. In equitable distribution states, the court will divide marital property fairly between the spouses, which doesn’t always mean a 50/50 split.

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Does a husband have to support his wife during separation?

If you’re in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.

Is finances the leading cause of divorce?

According to the study, financial disagreements were the strongest disagreement types to predict divorce for both men and women. In a poll conducted by www.DivorceMagazine.com this summer, the leading cause of divorce was found to be financial issues, followed closely by basic incompatibility.

Can ex wife come after new wife’s income?

Since California is a community property state, the parent must include one-half of the couple’s community property on his or her tax return. The new spouse’s income could push the ex-spouse’s salary into a higher tax bracket, which could affect the after-tax income and thus the amount of child support owed.

Can’t afford to pay alimony?

You might qualify for a variety of financial assistance through local, state, and/or federal programs, which in turn, may allow you to continue paying spousal support. If you find that you simply can’t afford alimony, and you can’t reach an agreement with your ex, you’ll need to ask a court for help.

What to do if ex stops paying alimony?

You’ll need to file a motion (legal paperwork) with the court, and ask a judge to order your spouse to make the overdue payments and keep up with future payments. This is sometimes called a motion for enforcement or contempt.

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