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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Old Aug 25th, 2008, 10:21 AM   #1
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Default bankruptcy and equalization of net family property

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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Old Aug 25th, 2008, 10:54 AM   #2
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Default Re: bankruptcy and equalization of net family property

I also live in Ontario, Canada
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Old Aug 25th, 2008, 04:06 PM   #3
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Default Re: bankruptcy and equalization of net family property

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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