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What Happens to Child Support and Spousal Maintenance I am Owed if my Ex-Spouse Files for Bankruptcy?
What Happens to Child Support and Spousal Maintenance I am Owed if my Ex-Spouse Files for Bankruptcy?
DuPage Attorney Answers Bankruptcy After Divorce Questions
It can be scary to find out that your ex-spouse has come to the conclusion of filing bankruptcy when he or she is supposed to owe you child support or spousal maintenance payments. Do not worry, because despite him or her filing bankruptcy, he or she is still liable to make those payments owed to you. At Davi Law Group, we can help explain the process on how you will be receiving those funds once the bankruptcy is filed. Although most debts and money from your ex-spouse will be eliminated, there are certain debts that are not allowed to be discharged. Child support and spousal maintenance are some of those debts that cannot be eliminated from payment. One of their filing options is Chapter 7. In that case, child and domestic support are considered top priorities in bankruptcy. They may not be able to eliminate their payment requirements of child or domestic support, but they can eliminate other debts that they owe in order to have funds available to pay to you.
One of their other filing options is Chapter 13 bankruptcy. That allows them to repay their debts in a monthly amount based on their income and budget over the course of three to five years. The same rule applies where they are not able to avoid paying what is owed to you. Instead of your ex-spouse paying you, his or her trustee in the bankruptcy case will pay the amounts that are owed directly to you.
Contact Our DuPage County Divorce Lawyers
If your ex-spouse is in the process of filing for bankruptcy, please contact one of our seasoned attorneys at Davi Law Group so we can arrange a free consultation and examine your situation. We have offices that can be found in Wheaton, Chicago, Joliet, and Warrenville. Just give our office a call at 630-657-5052 to set up your consultation now.
Why Should I Consider Filing for Bankruptcy?
Why Should I Consider Filing for Bankruptcy?
Seasoned DuPage County Attorneys Explain Bankruptcy
Bankruptcy can sound like a scary word when examining your financial situation. Although it seems like a largely negative step to take, there are advantages to taking that route. Our seasoned attorneys at Davi Law Group can help look over your financial situation and see if filing for bankruptcy is in your best interest.
Bankruptcy may not always be the best approach in all financial situations, but if your circumstances call for it, it can be a good path to take towards financial freedom for yourself. What happens upon filing is that you immediately stop creditor harassment that you may be receiving in the form of letters or phone calls regarding past due bills. You will also be able to eliminate other kinds of unsecured debts that can include outstanding medical bills or large balances on credit cards.
In some cases, filing bankruptcy may allow you to have a vehicle returned or released that may have been impounded because of unpaid parking tickets. One of the biggest misconceptions with filing bankruptcy is that many believe you will need to sell everything you own in order to pay off your creditors. The great news is, that is just not true at all. Most of the time, you can keep your property while eliminating your credit. This gives you the opportunity to begin rebuilding your credit with a clean financial slate once your bankruptcy is officially over.
At Davi Law Group we have many skilled and experienced attorneys who can answer any questions that you may have regarding potentially filing for bankruptcy. You want to make sure that it is the best option for you before attempting to file. Our offices can be found in Wheaton, Chicago, Joliet, and Warrenville. Just give our office a call at 630-580-6373 to meet with a member of our team as soon as possible.
Should I File Chapter 7 or Chapter 13 Bankruptcy?
Should I File Chapter 7 or Chapter 13 Bankruptcy?
DuPage County Attorneys Explain Your Bankruptcy Options
If you believe that your financial circumstances have reached a point of needing to file bankruptcy, you should be sure to understand the different kinds of bankruptcy that you can file. You can file Chapter 7 or Chapter 13. One of them allows most of your debt to be eliminated, while the other one involves a payment plan. At Davi Law Group we can explain what each option means, as well as which one suits your case the best.
One of your options to look over is filing Chapter 7 bankruptcy. This is often called "straight bankruptcy." It means that an individual will not need a repayment plan to eliminate all debts. For this chapter, most debts that are unsecured will be eliminated or discharged. There can be exceptions to this rule though, because certain debts in taxes, student loans, or government fines will not be discharged. In most cases, you are able to keep all of your property while still eliminating the debt that you have.
Another option is Chapter 13. This option allows you to repay your debts. The courts will examine your income and determine a monthly amount that you will pay based on your budget. Typically, these Chapter 13 repayment plans last anywhere from three to five years. This repayment plan gives you the opportunity to catch up on your mortgage, property taxes, and even auto loan payments. With these plans, you can also save your home from foreclosure and your car from being repossessed.
Contact Our DuPage County Bankruptcy Lawyers
If you would like to sit down with one of our seasoned attorneys at Davi Law Group, please contact us to set up a free consultation. Our phone number is 630-657-5052, and we have assisted many clients through our offices in Chicago, Warrenville, Wheaton, and Joliet. We look forward to hearing from you soon to help you find the best financial plan.
What Rights Do Grandparents Have in Terms of Custody or Visitation With Grandchildren?
What Rights Do Grandparents Have in Terms of Custody or Visitation With Grandchildren?
DuPage County Family Law Attorneys Fighting for Grandparent's Rights
Finding out your rights as a grandparent regarding custody or parenting time (formerly visitation) with your grandchildren can depend on your particular set of circumstances. We understand that is not a clear-cut answer, but not every case is clear cut for grandparents and their grandchildren. At Davi Law Group you can contact us to set up a free consultation so that we can look over your situation further and establish the best plan of action. There are many examples that we can give in order to show the various outcomes that we have received with our years of experience in law regarding grandparents and their grandchildren. There are some laws that provide grandparents the standing to go into court and seek parenting time with their grandchildren, or perhaps find basis that the grandparent should raise the grandchild. We have seen some cases where you may have to file a petition for grandparents' rights, and others for which you have to file for guardianship.
The court's basic presumption is that the parents who are fit to raise their children can be the ones to decide if you, as the grandparents, are allowed to see their children or not. If you have had a personal falling out with your child, and he or she is insisting that you do not see the child, you will not have any grounds in court to pursue parenting time. Of course, if the grandchild is being neglected by his or her parents, abused, a parent has passed away, or a parent is incarcerated, then grandparents can be awarded time with the grandchildren.
Contact Our DuPage County Family Lawyers
If you are someone who believes that legal action or filing should be taken regarding your grandparent rights, please contact us at the Davi Law Group, LLC so that we can tackle your case today. We offer free consultations and can be reached at 630-657-5052.
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