Bankruptcy Does Not Relieve a Spouse of Paying Alimony or a Parent of Paying Child Support

The threat has been repeated countless times.

“You won’t get one dime of alimony. I’ll file for bankruptcy first.” Husband.

Wife panics.

But neither alimony obligations nor child support obligations can be changed by a bankruptcy court from what family court ordered.

However, a bankruptcy attorney recommends filing a nondischargeability complaint in the bankruptcy case to ensure notice and protection of the receiving spouse’s interests.

And if there are arrearages in support, the spouse who is owed back-support is actually at the top of the heap of creditors. Back support obligations come off the top of the “bankruptcy estate” (what the bankrupt spouse has left).

Read more in this CreditCards.com advice column: Bankruptcy doesn’t absolve spousal support payments.

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Drugs, Alcohol, Domestic Violence, Hiding Assets: Senior Judge Under Scrutiny from Allegations of all Four

A Pennsylvania Judge is in hot water.

He was arrested on criminal domestic violence charges for allegedly choking and shoving his wife.

The Judge reportedly made a plea agreement under which he would enter rehab for drug and alcohol abuse and receive probation.

He is also alleged to have defrauded the family court presiding over his divorce from his first wife by representing that he could no longer afford his alimony payments when the reason is that he is purchasing another home, in Florida.

Presently, the Judge is not presiding over any cases.

The complainant and the judicial conduct board contend that there would be an appearance of impropriety.

Read more in this [Wilkes-Barre, PA] Citizens Voice article: Activist files complaint against Rehkamp and this [northeastern PA] Times Leader news article: Activist files JCB complaint against judge.

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Custodial Parents Collecting Child Support Through Child Support Debit Card Accounts Defrauded Out of Money with Text Messages and E-Mails

Some states send child support to the receiving parent by uploading it to a debit card.

While that system has its convenience, it is not without problems.

A New Jersey Mother got a text message indicating that her debit account was blocked. The message provided contact information to straighten things out.

Unfortunately, after calling the number – and providing personal information – Mother’s account was cleaned out.

Mother reported the fraud, but she was behind two other victims the same morning.

The FBI advises against responding to unsolicited e-mails or text messages about child support debit card accounts.

Strangely, neither the police nor the child support enforcement agency in New Jersey were aware of the child support debit card scams.

Read more in this Newark [NJ] Advocate article: Newark woman scammed out of child-support money.

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Servicemen and Servicewomen Still Clamoring for Inaction in Child Custody and Visitation Cases During a Parent’s Deployment

Mother or Father is being deployed.

Other parent acts to modify child custody and timesharing accordingly.

Members of the armed forces oppose modifications of visitation or custody due to military service.

Congressional representatives draw the issue to the secretary of defense’s attention in the belief that a consistent national legal position should be established.

The Pentagon’s official position has been not to have a position, however, recognizing that custody and timesharing rulings should be based on what is in the best interests of the child in each case.

Nonetheless, the defense secretary agrees to give the matter consideration.

One thing is certain. This issue has not been resolved over the last several years and is not going away.

Read more in this Army Times article: Gates will review deployment, custody issues.

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When to Reveal Your Intention to Divorce To Third Parties … And Your Spouse

Celebrity couple files for divorce.

Then seems to reconcile.

Then spokespersons maintain the divorce is still happening.

Then they say it’s on hold.

At least one commentator fears that premature announcement damages the announcing party’s reputation and credibility.

One therapist recommends that the couple meet with a therapist at least five times before making any announcements.

Such premises may be valid from a public relations and therapeutic perspective.

From a legal and strategic perspective, however, too many people rush to come clean to the world … and their spouse … much sooner than they really should.

Divorce often requires thoughtful planning for safety and security, and careful execution of that plan, often over weeks and months.

Blurting your intention out prematurely, for whatever reason, often completely thwarts execution of that plan … if not the design of the plan.

Women in particular are prone to prematurely announcing and explaining their motivations, even at the expense of proper preparation for their divorce.

And later regret it.

Read more in this [Toronto] Globe and Mail article: Getting divorced? How to know when to tell people.

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Florida Mother Slams Florida Family Courts for Turning Her from Stay-at-Home Primary Caregiver to Two Hour Weekly Visitor … Under Supervision … Over Allegations of Sexual Abuse of Daughters by Father

A Florida Mother relegated to two hours of supervised visitation weekly after alleging that their Daughters’ Father sexually abused them is drawing a fair amount of media attention.

Prior to the divorce, Mother was a stay-at-home mother and primary caregiver for Daughters.

When Daughters were approximately seven and eight years old, their school and Sunday school both are said to have reported that Daughters were acting out, speaking and drawing in a sexually explicit way.

Wealthy Father allegedly admitted to engaging in sexually inappropriate behavior with Daughters, but an expert witness reportedly characterized that behavior as “within normal limits”.

The court appointed custody evaluator (Evaluator) reportedly initially recommended that Mother be awarded primary timesharing with Daughters.

Days before trial, the Evaluator reportedly filed her report – late – in which the Evaluator reportedly did an about-face and now recommended that Father be awarded sole custody of Daughters.

The trial court apparently did not find Mother’s case persuasive and awarded Father almost one hundred percent timesharing with Daughters, limiting Mother to two hours of weekly timesharing … supervised.

It appears that Mother’s evidence and witnesses were largely excluded.

Mother appealed the trial court’s rulings.

On appeal, the intermediate appellate court reversed on one ground, because Mother was denied a continuance based on the late filing of the Evaluator’s report.

The case was remanded for a new trial, before the same judge.

The outcome at the re-trial was the same.

Read more in this Daily Kos article by Mother: Mothers Lose Custody for Reporting Sex Abuse and this intermediate level Florida appellate court opinion and this MomLogic article: Custody Feud: Fair Hearing Denied.

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Homeless Mother of Fifteen Jailed for Contempt for Refusing To Confirm or Deny to the Judge Presiding Over Her Children’s Case Whether She is Pregnant Again

A thirty-seven year old Florida woman has given birth to fifteen children.

A sixteenth may be on the way.

The woman refused to say.

Even though the person asking was the judge presiding over her juvenile dependency case.

The woman is homeless and has twelve minor children returned to foster care.

The youngest child is 6 months old.

The judge held the woman in contempt of court over her refusal to answer questions about her possible pregnancy and visitors to her former home, at a status check in her case.

The woman cited privacy concerns.

The judge cited concerns about the children’s welfare, and sentenced the woman to jail.

Given the woman’s track record as a parent, the state will oppose any further efforts to reunite the woman with her children.

Read more in this Tampa Tribune article: Mother of 15 jailed for contempt.

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Wife’s Homicide Does Not Excuse Ex-Husband from Skipped Alimony Payments

Connecticut Husband and Wife divorce.

Husband is ordered to make lump sum alimony payments to Wife.

Husband misses payments, now totalling over $50,000.

Husband and Wife are due in family court.

Wife misses court appearance.

Wife is found, murdered.

Husband hires criminal attorney.

Husband is summoned to family court over the missed payments, now owed to Wife’s estate.

Husband is ordered to appear in court monthly to prove his efforts to make payments to Wife’s estate.

Husband has not been designated as a suspect in Wife’s murder.

Read more in this [Rocky Hill, CT] Eyewitness News TV 3 article: Jeffrey Hamburg Appears In Court.

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Very Wealthy Brit Very Timely Slides into Bankruptcy and Presumably Poverty from Beginning to Near-End of His Divorce Case, Allegedly Avoiding Paying Any Support for Three Years and Counting

Husband has 400 million UK pounds.

Husband goes through divorce.

Husband is ordered to pay alimony and child support.

Husband allegedly pays Wife nothing.

Husband allegedly fails to make full disclosure of his financial affairs … over three years of litigation.

Husband reportedly owes 2 million UK pounds in taxes.

Husband files for bankruptcy.

Husband now shows up in family court without attorneys to represent him.

Wife contends that Husband has cleverly hidden his assets.

Wife informs the UK Court that she is close to the end of her resources yet must pay the couple’s children’s tuition, rescue their home from foreclosure, and pay her attorney’s past due fees or risk loss of counsel.

Court defers on Wife’s pleas for assistance, but advises Wife that she may pursue these issues at trial … next month.

The silver lining for Wife may be that the bankruptcy trustee may “peel back the onion” of Husband’s financial affairs, and Wife may benefit from that investigation at no further cost to herself.

Read more in this London Evening Standard article: £400m divorce battle tycoon: I’m bankrupt and this Ireland Independent article: Property tycoon in £400m divorce battle declared bankrupt.

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When All Other Grounds to Avoid Alimony Fail, Two Different Indians Conclude They Have Nothing to Lose Trying to Deny the Validity of the Marriage

To what lengths will some go to avoid paying alimony?

Well, in India, not one, but two different men went so far as to deny that they had ever been married to the women seeking alimony from them.

In the first case, the former husband contended that their wedding did not conform to the requirements of the Hindu Marriage Act and therefore his former wife had not been his wife and had no standing to seek alimony.

But the trial court rejected the former husband’s contention because there was a valid marriage license and the marriage was in fact reflected in the official marriage records for the community.

In the second case, the husband apparently claimed that the wife’s prior marriage had not been legally dissolved, so they could not have been married.

But the wife proved that her divorce had been finalized before the marriage and she introduced the wedding invitations her husband had had printed. At which point the husband withdrew his asserted defense.

Read more in this Times of India article: Men deny marriages to avoid alimony.

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