CALIFORNIA FAMILY LAW
...Spousal Support
......Modification
.........Bankruptcy: Effect of
5 Cards On This Topic:
  • If property or support obligation discharged in bankruptcy, court may make all proper orders for support of spouse.
  • While court could consider H's discharged property settlement debt to W in reassessing his s/s obligation, reversal required where court failed to consider other statutory factors as well.
  • Fam. Code §3592 only applies to settlement agreements, not to court ordered property divisions.
  • Financial impact of bankruptcy can produce change in circumstances and thereby justify modification of support.
  • H's complaint that trial ct. improperly increased his alimony to compensate W for property judgment discharged in bankruptcy properly dismissed based on comity.