Legal Question in Bankruptcy in Virginia
Child support
My husband and I have been separated for 6 years. In feb 2000, he stopped paying the house payment. this was considered his child support. I am in the process of filing an order for support, I found out yesterday that he is in the process of filing chapter 13.What are the requirements for child support if he files chapter 13 before he gets the order for support?
He lives in NY and I in VA
1 Answer from Attorneys
Re: Child support
Efforts to fix the amount of support due and to collect post-bankruptcy filing support are not affected by the bankruptcy filing. Any past-due support will have to be paid in full in the bankruptcy, but may possibly be stayed outside the bankruptcy context. If you do not have an order or agreement providing for the house payment as support, it might be treated as a regular debt. You need to see competent bankruptcy and domestic relations counsel ASAP.
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