Gadsden, AL asked in Bankruptcy, Criminal Law, Divorce and Collections for Alabama

Q: I have a court order that I have to pay mortgage payments in martial home till it sale. But I can't afford to pay it.

It's solely in my ex wife's name but I am ordered to pay mortgage. I am on disability and can't afford to pay the martial home mortgage and my current mortgage. Can I file bankruptcy on a order? This order puts me over budget per month around 1000$.

1 Lawyer Answer
Rafael Gil III
Rafael Gil III
  • Bankruptcy Lawyer
  • Dothan, AL

A: This is a complex case with many factors. This debt may or may not be in the nature of a domestic support obligation. Generally, DSO are not dischargeable in a bankruptcy. There are factors that will determine it like how the income between you and your ex, children together, etc. I would recommend that you contact a bankruptcy attorney in your local area and see what he says. he will have to sit down with you take a look at the facts surrounding your divorce. If you are on social security and she is working, this will be helpful to your case I'm sure! Good luck!

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