Did you know that even if you file for bankruptcy, you can’t get out of your spousal support or child support payments? Yes, if you go back to court and show a real legitimate reason for hardship, you might be able to get those payments reduced, but don’t count on it. Generally speaking, unless you have a super good attorney, you’ll probably be paying the same after you pay all that money and spend all that time to go back to court – even if you’ve filed for bankruptcy. Don’t expect any favors from the court.
The court is looking out for the health and welfare of the children first and foremost and doesn’t want the spouse to be a burden on the state. Surely, as a taxpayer, you can understand why. Back in the 1980s the divorce rates soared and there was a big push to go after “Dead Beat Dads” – unfortunately, the courts went overboard. Many a person has been financially ruined and thrown in jail trying to dodge child support and/or spousal support. You cannot run and you cannot hide, they always find you. Even if you know the payment amounts are unfair and unfounded, if you don’t pay, you’ll get free room and board in a gated community.
Trying to argue with the courts or child support and spousal support caseworkers won’t work. This is why you need good representation and a solid attorney that has lots of experience to help fight for you. And, it’s not just men who get into trouble with this, remember we live in the year 2020 where often it is the women who are the major breadwinners, thus are forced to pay.
Since the only constant is change, situations and income often change over time. If you owe child support and spousal support but your income has gone down significantly, going back to court with your attorney for a modification makes a lot of sense. It might also keep you from getting behind and going to jail or having your bank accounts levied or your wages garnished.
Don’t let these sorts of problems sneak up on you. If you are having a legitimate hardship paying and are finding yourself working extra hours, yet there is only enough money left to eat Top Ramen, then you’ve waited too long. Most of the best attorneys will give you a 30-minute consultation. Explain your situation, explain your finances, and show them the court order for your spousal support and/or child support.
Family Law Blog 