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Welcome to Family Law Matters. I’m Dr. Michael Mantell, privileged to be joining Bonnie Rabinovitch Mantel, who is the owner and managing partner of the Primus Family Law Group. Hi, Bonnie.

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Hi, Michael. How are you doing today? I’m doing okay. Thank you very much.

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Appreciate your asking. Bonnie, the question that comes up, and people are sometimes hesitant to ask because they feel it’s sort of almost a foolish question, but it’s not. In your hands, we’ll have a great answer.

Suppose the husband files for bankruptcy. The spouse is interested in whether he or she can still get any sort of alimony. What do you say? Well, of course they can because bankruptcy deals with insolvency to pay one’s bills, but it doesn’t mean you don’t still have a job and income.

So if you still have income, not only will you still get alimony, but funny enough, under the bankruptcy rules, your alimony or spousal support, as we say in California, is considered a domestic support obligation, and that can never be bankrupted. So the word bankrupt in the minds of many people means I have nothing. I have zero.

I have nothing left to give you. And you’re saying, no, it doesn’t necessarily mean that. That’s important.

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Very important. Now, what if it does mean I am at zero? Well, then you need to modify your support. If your ex knows you really have nothing, maybe they will be willing to agree to suspend in writing the support until it can resume and you’ll catch up.

There are often agreements that can be reached. But if not, then the person who no longer has a job or, you know, in the process of going bankrupt has lost their job and their income has changed. They can then go to court and request a modification.

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But, Michael, what’s interesting is bankruptcy usually discharges your debt, right? That’s why people do it, is to get rid of this overload of debt. So if you no longer are making those thousands of dollars of payments every month on your debt, you have more income, and that income is available for support. And so if someone has questions on either side of this, hey, I’m filing for bankruptcy.

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I don’t want to pay any support or, you know, my ex, soon-to-be ex or ex, filed for bankruptcy. Do I get any support? If they have questions, how do they reach you for an answer? They can reach us directly, Michael, at 619-574-8000, and you will be put on my calendar for either a Zoom or a telephone consult, or you can reach us online. We have two ways.

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We have a live agent that you can speak to about your issue, and we also have a form that you can reach at www.PrimusFamilyLaw.com. And that’s a free 30-minute consultation with you, right? Yes, Michael. Great. Bonnie, thanks so much.

I appreciate your kindness always and the care you bring to all of your clients. Thanks for another Family Law Matters. We’ll see you next time.

(3:33 – 3:35)
Thank you, Michael. You have a great week.