Legal Question in Family Law in Virginia

Re: Ex Filing Bankruptcy

You should consult with a Virginia attorney regarding the application of the law to the facts of your situation. The following is general legal information on the status of domestic support obligations in bankrupcty.

Domestic support obligations have a special status in bankruptcy. A claim for a domestic support obligation has the highest priority in payment of all claims in bankruptcy, meaning it will be paid before all others. In addition, domestic support obligations are nondischargeable in bankruptcy. The debtor will remain liable on domestic support obligations despite the bankruptcy filing.

In certain instances, a bankruptcy discharge will benefit both the payor and the receiving ex-spouse, as the ex-spouse who owes a domestic support obligation will be better able to pay support as a result of discharging his or her other debts.