The general rule is that an alimony obligation doesn’t just disappear in bankruptcy. Filing for bankruptcy to avoid an obligation to pay spousal support is a bad idea, because domestic support obligations cannot usually be “discharged” (cancelled or forgiven) in a bankruptcy proceeding.

What kind of debt is dischargeable in bankruptcy?

Dischargeable debts are obligations that can be wiped out by your bankruptcy discharge. When you receive your discharge, you are no longer obligated to pay any of these debts and creditors cannot come after you to collect them. A few examples of dischargeable debt include: credit card debt.

How are alimony and child support debts treated in bankruptcy?

Alimony and child support debts in bankruptcy are treated as priority claims and receive payments before other creditors including recent tax obligations. Alimony and child support debts in bankruptcy are also usually not dischargeable under any circumstance and have special rules when it comes to their treatment under the bankruptcy code.

Can a child support debt be discharged in bankruptcy?

Alimony and child support debts in bankruptcy are also usually not dischargeable under any circumstance and have special rules when it comes to their treatment under the bankruptcy code. To be classified as alimony or child support, the obligation must be for actual support or maintenance of a former spouse or a debtor’s child.

What does domestic support obligation mean in bankruptcy?

The bankruptcy code defines a “domestic support obligation” (DSO) as a debt “in the nature of alimony, maintenance, or support” owed under a separation agreement, divorce decree, property settlement agreement, a court order, or other determination made under nonbankruptcy law (usually state law).

Can a tax debt be discharged in bankruptcy?

You cannot discharge income tax debts without a special exemption, which can only be obtained by petitioning the bankruptcy court and explaining why you deserve relief. If you have income tax debts you cannot repay, you may be better off consulting with a tax attorney about making an offer in compromise,…