Family Law: Trickery in Property Settlements
Family Law: Trickery in Property Settlements February 28, 2024 Please note that this article is purely for educational purposes and is not intended to constitute or be construed as legal advice. When family lawyers set out to help their clients pursue a divorce or separation agreement, the question often arises whether debts incurred as the result of the divorce settlement qualify for discharge by filing a bankruptcy case. The type of debt a client may commonly seek to discharge could range from alimony to child support, a property settlement, or many things seemingly in between. An unwitting family lawyer might tell their client there is nothing that can be done to ease the burden of their alimony payments because domestic support obligations (DSOs) cannot be discharged in bankruptcy. Likewise, an attorney representing an obligee may attempt to comfort a client by assuring them there is no way an obligor could possibly escape a debt incurred purs...