Bankruptcy and remarrying


#1

Dear 369jal:

Greetings. It should not affect your credit that he filed a bankruptcy before your marriage to him. Yes, there is finality to divorce financial dealings. Yes, the ex-wife may be able to acquire some of your husband’s income as alimony, depending on the terms of the settlement. Child support is the same thing.

Your income has no relation to the child support your husband would pay. Yes, there is a cap on how high the child support can go (you can look at the child support guidelines on our website). Let me know any other specific questions. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Hi: I’m in a relationship with someone who filed bankruptcy over the course of his divorce, will this negatively affect my credit once we’re married?

Also, is a divorce ever final, in terms of the financial dealings? Meaning, once we are married can his ex-wife acquire any assets that we build together? If yes, under what circumstance.

And lastly, I understand that his child support can be refigured once we are married, I make significantly more than his ex, so I’m sure that will rise, is their a cap on how high that support can go? How is that determined and can it change? (I don’t mean to seem petty but his ex overextends on credit cards and I’d like to do as much as possible to be sure the child benefits from the support, she will be with us a good deal of the time as well.)

Thank you.