Child Support, Alimony, and the Law

During an economic downturn, many people may find themselves struggling to make ends meet while coping with large amounts of debt. If the situation becomes too difficult, filing for bankruptcy can provide you with a chance to get your finances in order and start again. In creating a bankruptcy plan, however, it is very important to prioritize your debts.

Child Support and Alimony: Legal Differences

For anyone who is divorced, the distinction between child support and alimony may be very important. Alimony is money paid by one spouse to another after a divorce to help the other spouse get back on his or her feet. Child support, in contrast, is supposed to represent the noncustodial parent’s contribution to his or her child’s upbringing. Neither of these necessarily follows a divorce, especially if the parents share custody equally, but child support is always at the court’s request.

As a result, child support is a legal obligation: if you do not pay it, you can go to jail or face severe fines. While alimony payments may be ordered by a court, they can also be settled by private negotiations between two spouses. There are consequences for neglecting alimony payments, such as potential wage garnishment, but they are not as severe as the penalties for missing child support payments.

Neither child support nor alimony payment can be dismissed by filing for bankruptcy. If you have gone through a divorce and have to pay child support, you should give those payments high priority. If you pay alimony, but do not pay child support, you may be able to negotiate with your former spouse to reduce, suspend, or otherwise change your alimony arrangement. However, if you cannot, these payments should also prioritized as highly as you can.

Contact Us

By working with the skilled Boston bankruptcy lawyers of Joshua Spirn & Associates, you can create a plan for your bankruptcy that factors in your child support or alimony obligations. With a plan, you can make the process much easier for you and your loved ones.

To discuss your case with a lawyer, call Joshua Spirn & Associates today at 800-975-5346.