What About Alimony and Maintenance Payments?
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While in bankrupt you must continue paying your child support or alimony (spousal support) as these claims are not discharged in a bankruptcy or consumer proposal.
Bankruptcy does not release you from your child support claims or spousal support claims so if you are considering bankruptcy it is important to understand these claims cannot be wiped out with a bankruptcy filing.
What If My Spouse Owes Support Payments and is Going Bankrupt?
If your ex-partner who owes you support payments is filing for bankruptcy, or has already gone bankrupt, you can make a claim for any missed support payments in arrears.
When you do this you can become a “preferred creditor,” which will give you priority claims to the funds that will be distributed to the creditors during your ex-spouse’s bankruptcy.
As a preferred creditor you will only be able to make a claim for support arrears accumulated in the 12 months prior to your ex-spouse / ex-partner filing bankruptcy.