Upon the Trustee's Objection to the Debtors' Exemptions, the Court held that the male Debtor was entitled to a $5,000 homestead exemption plus an additional $1,500 exemption for the Debtors' three dependent children under Virginia Code § 34-4, but held that the female Debtor may only claim $5,000 as she does not provide the primary financial support for the dependents. Virginia Code § 34-4 provides that "in no case shall an individual be the dependent of more than one householder." Therefore, only one Debtor may claim the three children as "dependents" under § 34-4, and accordingly, only one debtor may claim the additional $1,500 exemption under § 34-4.
File:
Judge:
Date:
Thursday, December 2, 2004
Category:
Exemptions
Chapter:
7