Are arrearages for child support dischargeable in bankruptcy?
In Virginia, arrearages for child support payments are generally not dischargeable in bankruptcy. This means that if a debtor owes past due payments in support of a child, they will still owe them even after bankruptcy. The law in Virginia is very clear: any arrearages or judgment for past due child support payments cannot be discharged. This includes arrearages which accrue before and after the bankruptcy case is filed. For the most part, this means that if a debtor has outstanding child support arrearages, they must make all of their child support payments in order to have their overall debt discharged. This rule also applies to child support payments that are part of a divorce decree or separation agreement. The court has determined that the best interests of the child are paramount and must be protected. Thus, the bankruptcy protection does not extend to these payments. These laws are in place to protect children and ensure that their basic needs are met. While bankruptcy may be an option for debtors to get out of debt in some circumstances, the law in Virginia makes sure that child support payments are not something that can be discharged through bankruptcy.
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