Short answer: No. Virginia law specifically bars using a homestead deed against child support or spousal support obligations.
Unlike the tax situation, this one is spelled out directly in the statute. Va. Code § 34-5 lists the debts the homestead exemption can never be claimed against, and support obligations are named explicitly: property exemptions “shall not be claimed against… spousal or child support obligations.”
What this means in practice
If you owe back child support or spousal support (arrearages) and the other parent — or Virginia’s Division of Child Support Enforcement — is garnishing your wages or has placed a lien on your property to collect it, filing a homestead deed will not shield that income or property from collection. The exemption simply doesn’t apply to this category of debt, by design. Virginia treats support obligations as a category the legislature has decided should not be defeatable by an exemption claim — the same policy choice reflected in bankruptcy law, where support obligations are non-dischargeable (11 U.S.C. § 523(a)(5)) and largely unaffected by the automatic stay.
Why the law is written this way
Support obligations aren’t like an ordinary debt to a lender or a hospital — they exist to support a child or former spouse who is depending on that income now. Virginia, like every state, treats these differently from consumer or commercial debt across the board: they survive bankruptcy discharge, they’re collected through dedicated administrative channels (income withholding orders under Va. Code § 20-79.1 et seq.), and — as this page covers — they’re carved out of the homestead exemption entirely.
What if you’re dealing with support arrears and think the amount is wrong?
A homestead deed isn’t the tool here, but you do have options:
- If your income has genuinely changed since the support order was entered, you can petition the court for a modification — this doesn’t erase existing arrears, but it can stop them from growing.
- If you believe the amount being withheld is calculated incorrectly, raise it with the Division of Child Support Enforcement or your family law attorney directly.
- If you’re also facing a separate ordinary judgment garnishment (a different debt, not support) at the same time, the homestead deed can still help with that other debt specifically — see Why Am I Being Garnished? to identify which type of garnishment you’re actually dealing with, since the paperwork can look similar.
If you’re not sure whether what’s being withheld from your paycheck is support or an ordinary debt garnishment, call us at 757-837-2230 — it’s worth confirming before you spend money on a document that won’t help your specific situation.