Are There Exceptions to the Automatic Stay in Bankruptcy for Family Law Cases?

Federal law does provide specific exceptions to the automatic stay rule in bankruptcy cases, which can be particularly relevant in family law matters. These exceptions allow certain aspects of a divorce case to proceed even if one spouse has filed for bankruptcy. For example, actions related to the establishment or modification of child support, the dissolution of a marriage (without dividing marital property), and the withholding of income for child support or spousal maintenance may continue despite the bankruptcy stay.

However, these exceptions can be complex and are subject to specific legal interpretations. It’s crucial to consult with a legal professional who understands both bankruptcy and family law to determine how these exceptions might apply to your situation. By doing so, you can ensure that your rights are protected and that your case proceeds in compliance with both state and federal laws.