Clarification recent question on bankruptcy

North Carolina Divorce Law Divorce and Separation Answers
1

I think I didn’t ask former question understandably–
If someone declares bankruptcy post-divorce, is it the bankruptcy court that determines how much of your
alimony, child support, and other provisions of the settlement you can afford to pay? Is it possible, due to the way bankruptcies work, that alimony, CS, etc. is at a lower priority (due to other creditors) than other debt and, therefore, goes unpaid? Who monitors for improvement in your financial situation and determines if and when you can afford to pay more?

                                                                                                            thanks
2

No, only the state courts set alimony and child support. Generally past due child support and alimony obligations cannot be discharged in bankruptcy. Bankruptcy actions do not create a stay in any child support action. Further, bankruptcy could even have the affect of increasing the amount of alimony to be paid by the debtor (as presumably they will have less in monthly expenses after debts are discharged).