Is alimony revoked if the payor declares bankruptcy?

In Mississippi, alimony will not be automatically revoked if the payor declares bankruptcy. Instead, the court may reduce the amount of alimony due to the payor’s bankruptcy filing. This is an equitable measure and is up to the court’s discretion. Additionally, the payor may be able to challenge the alimony order if they can prove that the reduced amount does not meet their reasonable and necessary needs. The payor should file a motion with the court that explains their circumstances and the effect of the bankruptcy filing on their ability to make the alimony payments. If the court grants the motion to reduce the alimony, it may also provide a new payment plan or modify the duration of the alimony. If a payor fails to make the required alimony payments, even if it is a reduced amount due to a bankruptcy filing, the court may order the payor to provide a security deposit or other surety for the payment of alimony. Additionally, the court can consider the payor’s bankruptcy filing when determining whether they may be held in contempt for failing to comply with an alimony order. In short, Mississippi law does not automatically revoke alimony when the payor declares bankruptcy, but the court may reduce the amount due to the filing. Furthermore, the payor must continue to make payments, even if the amount is reduced, or they may be held in contempt of the alimony order.

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