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How is child support affected by bankruptcy?

| Jul 21, 2021 | Child Support |

No matter what happens with their own relationships, parents must ensure that the needs of their children always come first. In Virginia, and everywhere in the country, when parents divorce, one parent will likely be making child support payments as per a court order. But life is never static; sometimes, hard times fall on good people, and those times may have a financial impact. What happens, then, when a parent who is paying child support declares bankruptcy?

Do payments continue?

Filing for bankruptcy does not let a payor of child support off the hook, but there are things he or she can do to help the situation. A payor can seek a modification of child support order. However, once a payor is back on his or her feet financially, any support that is in arrears must be paid. The law protects the best interest of children, and part of that is making sure their needs are being met.

Debts and bankruptcy

This is another area where laws intersect. Both a payor and a payee might find some answers from an attorney familiar with bankruptcy law as well as through independent legal advice from a family law attorney. When one parent is bankrupt, it doesn’t mean those debts were incurred to take care of the children. Those debts are identified when a person files for Chapter 13 or Chapter 7 bankruptcy.

Virginia laws relating to children will always focus on their best interests. Even when the bank account of a parent paying child support is in the red, there still must be some payment made. Getting an attorney to help in filing a child support modification order may be the best way for a payor to move ahead when feeling financially pinched.