Would filing for bankruptcy get me out of back alimony payments?

Child support and alimony are not dischargeable in bankruptcy.  Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, back child support and alimony must be paid before any other creditor, including any taxes owed.  However, filing a Chapter 13 bankruptcy will allow you to work out a repayment plan and allow you to catch up over the course of a 3 to 5 year plan.

There are two exceptions to the general rule associated with bankruptcy and alimony.  In the first instance, an ex-spouse may be able to discharge an alimony obligation if the obligation has been assigned to a third party.  Alimony is specifically designed to maintain a former spouse’s standard of living and not to be transferred to another person or entity.  Secondly, if payments the ex-spouse is making are alimony payments in name only, he or she may be able to obtain a discharge of the obligation in bankruptcy.

In many states, you can request an alimony modification if your financial situation has changed dramatically since the original court order following your divorce.