Can I file an emergency spousal support during bankrupcy?
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My husband and I divorced after five years of marriage. He then filed for bankruptcy. Can I file an emergency spousal support during bankruptcy?
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Yes. Spousal maintenance is a non-dischargeable debt in bankruptcy. Both spouses may ask the court for a modification of alimony at any time. The standard for a modification of alimony is a material change in circumstances since the last order; this is what you must show. Whether the court will grant the request for modification of the spousal support order will depend on the facts of the case, and it is usually in the court's discretion. Some of the elements that factor into the decision as to whether there is a material change of circumstances include 1) the needs of the recipient spouse and her ability to meet those needs, 2) the payor spouse's ability to pay based on his income, earning capacity and standard of living, and 3) the payor's ability to maintain the other party's standard of living. Since you are seeking a modification of alimony, you will have to bear the burden of proof and can do so by providing full disclosure of your financial situation.
Posted by Yara Zakharia on 12 May 2010
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