Generally speaking, child support and/or spousal maintenance are not dischargeable in bankruptcy. If the Bankruptcy Court can be convinced that the spousal maintenance is being paid as a property settlement agreement and is just being called maintenance, then the Court may discharge that portion in a bankruptcy.
It has become increasingly difficult to discharge these types of debts in bankruptcy. They are actually given priority treatment and are paid ahead of all other creditors. Also, in a Chapter 13, if you fail to stay current on child support and/or spousal maintenance, the Court can deny your discharge (the order that says you no longer owe your debts).
As an Indianapolis, Indiana bankruptcy attorney, I can help you sort through these types of issues. I can be reached at 317-566-2080.
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