I am asking for one of my sons, as he asked me to find out for him since he works and unable to get online. If his exwife is going to claim bankruptcy and is not going to claim that she gets $1200 from him every month and is getting a lump sum of $8000 shortly, is it legal for her to not claim any of this when she files bankruptcy. And if she does not claim the $8000, is he still obligated to send that to her. He doesn’t know if what she is doing is legal, and he doesn’t want to get caught up in that as he knows what she is going to do. If she does not claim the $8000 as coming to her when she files, does he still need to pay her the balance of $8000 from the settlement on the divorce, if she goes bankrupt that way?
Your son should speak with an attorney who practices in the area of bankruptcy. As I do not practice in that area of the law, I cannot give advice related to most of your son’s questions. What I can say for sure is that if your son is obligated to make a payment to her, he must do so, no matter what her current circumstances are.