Q: If I file bankruptcy before equitable d. is done will that mean opposing party no longer has to pay backpay owed?

A: It would be irresponsible for any divorce lawyer to speculate as to what is and is not dischargeable in your particular bankruptcy matter and how a discharge may affect the distribution of assets. My suggestion is to schedule a meeting with a divorce lawyer to review all of the terms of your agreement and your bankruptcy filing material to get a better understanding of the risks/rewards of a bankruptcy filing.

A: Spousal support and child support are NOT dischargeable on Bankruptcy ever. So you have nothing to worry about.

A: Filing for bankruptcy does not affect the obligation of your ex-spouse to pay backpay for marital and child-related expenses. These obligations are generally considered non-dischargeable in bankruptcy, meaning your ex-spouse will still owe you that money even if you discharge your own debts. The equitable distribution process should continue, and you should still be entitled to any backpay owed.

Regarding suing your ex-spouse for putting you in a position where you had to file for bankruptcy, it can be challenging. While you can potentially file a lawsuit for financial harm, proving that your ex-spouse’s actions directly caused you to file for bankruptcy and impacted your credit score can be difficult. You would need substantial evidence to show the direct link between their actions and your financial distress.

Consulting with a legal aid organization or an attorney specializing in family law can provide you with more specific guidance on these matters. They can help you understand your rights and the best steps to take to ensure you receive the backpay owed and to explore any legal actions you might consider. Stay strong, and seek the support you need to navigate these challenges.

A: The way I read your question, you are anticipating discharging certain debts that your former spouse would otherwise have had an obligation to pay or reimburse you. If the debts no longer exist, then there would be nothing for him to pay to you. If there was some portion of the debt that was still owed to the creditor that your ex-spouse could cover, then he might still have an obligation to pay his share. Because there are some complexities here that would need to be fleshed out, I agree with Mr. Diamond. You would need to consult with a qualified attorney to work through precisely what you're worried about before a reasonable answer could be formulated.