bankruptcy and equalization of net family property
This is a discussion on bankruptcy and equalization of net family property within the Other Family Law Matters forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Please help me. My husband left me 6 years ago for another woman (no big deal). I still had 1 ...
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#1 |
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Junior Member
Join Date: Aug 2008
Posts: 4
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Please help me. My husband left me 6 years ago for another woman (no big deal). I still had 1 child at home. The judge granted me child support and spousal support. My husband claimed bankruptcy 3 years ago, in which I was never notified from his Trustee. One year later I had to filed because I'm only on a disability pension. I was served with papers 2 weeks ago to appear in court because he does'nt want to pay the $25,000 in arrears that he owes me. I hired a lawyer and told him I wanted to finish this mess up and get my divorce. I told him I wanted half of his pension which was $75,000. The husband cashed out $25,000 of it already and the rest is in RRSP. My lawyer told me because he claimed bankruptcy and was discharged that I was not entitled to his pension. Could you explain this to me like I'm a 6 year old? This does not make sense. I was married to for 25 years. I have talked to 4 bankruptcy trustees and they tell me I'm still entitled to the pension. If I could get some case histories on this my lawyer will persue the matter.
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#2 |
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Junior Member
Join Date: Aug 2008
Posts: 4
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I also live in Ontario, Canada
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#3 |
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Moderator
Join Date: Apr 2008
Posts: 1,910
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In the United States, child support is not subject to bankruptcy laws, and cannot be negated through bankruptcy proceedings. Possibly spousal support (alimony) could, but I do not know.
Consult with another lawyer. |
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| Thread | Thread Starter | Forum | Replies | Last Post |
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