Are unpaid alimony payments dischargeable in bankruptcy?

In West Virginia, unpaid alimony payments can be dischargeable in bankruptcy, depending on the individual case and the type of bankruptcy being filed. Generally, the filing petitioner must prove that the alimony is no longer needed, or that their inability to pay is due to circumstances beyond their control. Alimony payments are categorized as a nondischargeable debt under the U.S. Bankruptcy Code and cannot be discharged through a Chapter 7 bankruptcy, which is a liquidation of assets. This means that the petitioner must still pay the alimony debt even after receiving a discharge from other debts. However, a Chapter 13 bankruptcy does provide the option of seeking to modify an existing alimony obligation. In this type of bankruptcy, the petitioner is usually allowed to discharge the alimony obligation if the court finds that they are unable to pay and that they have paid what they can on other qualified debts. While it is possible for someone to have their alimony payments discharged in bankruptcy, it is important to note that judges usually consider all of the different factors in each individual case, including the petitioner’s circumstances, before granting a discharge. Additionally, the petitioner must follow all of the requirements of either a Chapter 7 or a Chapter 13 bankruptcy in order for their alimony to be discharged.

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Are unpaid alimony payments dischargeable in bankruptcy?

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