If I recently divorced and am unable to pay my attorney’s fees after my alimony and child support is taken from my paycheck, is bankruptcy the right option?

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If I recently divorced and am unable to pay my attorney’s fees after my alimony and child support is taken from my paycheck, is bankruptcy the right option?

Asked on August 20, 2014 under Bankruptcy Law, Iowa

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Depending on your income, you  may be eligible to file Chapter 7 bankruptcy which eliminates certain types of debts.  This would apply to the attorney's fee, but NOT the alimony or child support.

If you are ineligible to file Chapter 7, you can file Chapter 13 bankruptcy; however, Chapter 13 requires a plan (budget) for repayment of creditors.


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