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How will filing for bankruptcy affect child support?

| Nov 20, 2020 | Child Support |

Children have to be taken care of even when their parents are no longer together. Both parents are obligated to provide for their children financially, but one parent usually makes child support payments to the other as ordered by the court. But what happens when the payor of that support in Virginia falls on hard times and has decided to declare bankruptcy? What happens to the child support payments?

The law is adamant about protecting children and seeing to their needs, so as such, bankruptcy doesn’t negate paying support. Bankruptcy will also not clear back payments or those in arrears as they’re sometimes known. What a payor can choose to do is to ask the court to modify the support order if he or she has fallen on difficult financial times. But the person will still be obligated to pay any child support that is in arrears.

Those who are considering bankruptcy should also be aware that doing so will not discharge those debts incurred relating to taking care of a child. An example would be having to pay for medical bills for the care of a sick child. These debts are known as in the nature of support when filing for either Chapter 7 or Chapter 13 bankruptcy.

The law in Virginia always considers what is in the best interest of the child. Even when a parent’s financial situation is less than stellar, a payor of child support must continue to support his or her child or children. However, speaking to an attorney about the probability of having a support order modified may be a helpful step.