Are unpaid alimony payments dischargeable in bankruptcy?
In New York, unpaid alimony payments are not dischargeable in bankruptcy. This means that if you file for bankruptcy, the court will not allow you to avoid paying your alimony payments. Alimony is a type of court-ordered payment that one spouse pays to the other for support, usually after a divorce. The spouse receiving the alimony is entitled to receive the payments until the court-ordered period ends. Under the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), alimony payments are not dischargeable under Chapter 7 or Chapter 13 bankruptcy. This means that if you file bankruptcy, you are still responsible for your alimony payments. In addition, if you owe your ex-spouse money for any other reason, such as unpaid credit card debt, that money is also not dischargeable in bankruptcy and must still be paid. It is important to remember that filing for bankruptcy will not relieve you of your responsibility to pay alimony. For this reason, it is important to fully understand your alimony obligations under New York law and to consult an attorney if needed. If you are having trouble making your alimony payments, you may be able to negotiate a modification of the payments with your ex-spouse.
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