Archive for the ‘Divorce’ Category

Bankruptcy does not affect custody rights. If you currently have a custody or visitation agreement or order in place and need to file bankruptcy, you can rest assured that the bankruptcy will not change the determination. It is important to note that any agreement or order regarding child support will also remain unaffected by the bankruptcy. Child Support is a non-dischargeable debt, and whatever past due amount of child support you may owe and whatever amount you are obligated to pay on a monthly basis will remain the same unless a change is made through the Family Court.

If you have gone through a divorce, it’s likely that it was like countless other divorces in that you and your ex-spouse divided your debt. You may have assumed responsibility of some of the debt while your ex-spouse took responsibility for the rest. In the divorce decree, you and your ex-spouse not only promised to pay the debts assigned to each of you, but you also agreed to protect the other party from any adverse action by the creditor. Moreover, you were both court ordered to comply with this agreement.

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