You knew divorce was expensive, but the costs just seemed to keep piling up beyond your furthest expectations. Now that you’re facing the realities of living on a single income, you realize that you’re probably headed for bankruptcy.
Is that a problem if you’re embroiled in a custody issue with your soon-to-be ex? Generally speaking, your bankruptcy has no bearing on your custody case — nor does it affect your support obligations. Here’s what you need to know:
- Bankruptcy generally has no bearing on your divorce or your custody case. It isn’t considered a moral failing, and it is handled in an entirely separate court. (Bankruptcy can slow down your divorce, however, so you should never file without speaking to your divorce attorney first.)
- Child support is a priority debt. Unlike other debts, child support cannot be discharged in bankruptcy. You need to continue making your child support payments even after you file for bankruptcy to avoid falling behind — which could affect your custody case by making you seem like a negligent or irresponsible parent.
- If anything, the fact that you’re filing for bankruptcy can make it easier to afford to properly feed, house and clothe your children. The ability to provide a stable home is important in any custody hearing — and financial woes can destabilize a household rather quickly. It can be argued that filing for bankruptcy shows that you are taking charge of the situation and in control.
If you’re anticipating a divorce and a bankruptcy simultaneously, why not work with an attorney who can handle both issues? That may help you better achieve the results you hope to see. Find out more by exploring our website further or contact us directly.
