Does Filing for Bankruptcy Get Rid of Support Obligations?

Is someone who relies upon support payments from his or her ex-spouse (either for themselves or for any children they may have) affected when their former spouse or partner files for bankruptcy? When someone files for bankruptcy relief under Chapter 7 or Chapter 13, that person’s creditors must immediately stop all collection efforts on their

How Does a Child Support Order Get Enforced?

The principle behind laws regarding child support in California is very simple. The parents of children born in the course of a marriage (or conceived out of wedlock) are legally responsible for the financial support of their offspring, regardless of whether or not those parents are living with their child(ren). Typically, an order for child

Is It Time to Modify Spousal or Partner Support?

With the holiday season upon us, people often find themselves in a financial crunch, (buying gifts, hosting visiting family members, etc…). The burden of these additional holiday expenses can be especially challenging if you’re either paying spousal,/partner support or even receiving such payments yourself. That’s why it’s not unusual at this time of year for

What does “Spousal Support” Mean?

Spousal support, (formerly known as “alimony”), refers to the obligation of one party in a marriage or domestic partnership to provide support to their former spouse or partner. California Family Code Section 4320 lays out numerous factors by which a court is mandated to award spousal support. These factors include: Duration of marriage Available resources

What Happens to Child and Spousal Support When an Ex-Spouse Remarries?

There’s a common misconception about how a person’s support obligation changes after an ex-spouse remarries. For purposes of this discussion, let’s say Joe is paying child support to his ex-wife, Traci, for their daughter Angela. After a year or so of being on her own, Traci meets, falls in love with and marries a plastic

What Happens When You Marry Someone with Support or Debt Obligations?

These days, it’s not uncommon for a person to marry someone who comes with some financial “baggage”— that is, with debts or support obligations of some kind. Here’s a fairly typical scenario: Jane comes to my office seeking information about getting a prenuptial agreement. Her fiancé, Frank, is saddled with several types of obligations. Her