My wife and I filed for Chapter 13 two years ago and have a little over 2 years left on paying the debt back. This payment is taken out of my check each week. I will be filing for divorce in two weeks and I am curious if anyone has been through this or if any one knows what will happen. Will I have to continue paying all of this...will it be split...will I have to pay it plus child support? We have a 12 year old daughter. Any help is appreciated. Thanks!!
2007-05-14 10:21:52 · 4 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
FYI: We live in Georgia.
2007-05-14 10:33:23 · update #1
It will depend on the divorce laws in your state. Typically, debt that is being repaid in accordance with a Chapter 13 plan is marital debt and will be treated as joint marital debt in a divorce which needs to be distributed either by the Court or by agreement of the parties. Child support is completely separate and not considered a "debt" but an obligation. Therefore, any child support obligation will be separate and apart from any distribution of marital liabilities. I would speak with a lawyer in your state and county of residence to determine your rights and obligations. Good Luck.
2007-05-14 10:35:10 · answer #1 · answered by Christine G. Bauer, P.A. 2 · 0⤊ 0⤋
It does depend on the State you live in to a degree, but I don't understand why you are paying a debt back if you filled for bankruptcy. My Husband filled before we got married, so I wouldn't be involved in his debt, but he didn't owe anyone after that except to pay child support. So I guess I don't know the answer to your question, sorry.
2007-05-14 17:29:53 · answer #2 · answered by April First 5 · 0⤊ 0⤋
She will owe half of the bankruptcy, however it will depend on the deal cut in the divorce if she pays it. Yes you would be paying that on top of the child support and any alimony (if applicable).
2007-05-14 17:26:16 · answer #3 · answered by Just a friend. 6 · 0⤊ 0⤋
Depends on what state ur in.
2007-05-14 17:24:58 · answer #4 · answered by SHELLBELL 3 · 0⤊ 0⤋