My ex declared bankruptcy. Does that mean he doesn’t have to pay Virginia child support?
Some women run into difficulties when attempting to collect the child support ordered by a Virginia court. An ex-spouse declaring bankruptcy can definitely be a bump in the road to collecting child support in Virginia.
Some men conveniently declare bankruptcy during their divorce in order to avoid paying child support in Virginia, while others are simply going through a genuine financial crisis that’s being exacerbated by the costs of the divorce.
Whatever the case may be, bankruptcy does not absolve your ex-husband from supporting his children, at least not permanently.
Because of the magnitude of a parent’s financial responsibilities to his children, there are laws in place to ensure that child support takes precedent over all other debts.
Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, back child support and spousal support need to be paid before any other debt, even before back taxes.
The trustee in the bankruptcy is required to notify you and Virginia’s child support enforcement agency of the progress of the bankruptcy, so you’ll be kept abreast of the proceedings.
If your ex-spouse is in a financial crisis, he may petition the courts to modify the Virginia child support order.
It’s in your best interests to have an experienced Virginia divorce attorney on your side during this time. Your attorney will advise you and will fight for your right to get the child support owed to you and your children.
There are very specific rules governing divorce and child support in Virginia. At Hofheimer Family Law Firm we are committed to providing you with the experience and compassion you deserve and the successful results you need to move on with your life. Request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar – 757-425-5200.