answered on Feb 22, 2021
Visitation and child support are entirely separate matters. One is not conditioned on the other.
Visitation proceeds as ordered without regard to child support payments.
If you want the child support, file a motion to compel payments.
Recently, I reopened a CS order due to 1.5 years of non-payment based on a mutual agreement with the NC parent. Now that he is being legally ordered to pay CS, he mentioned adding our daughter to his health insurance. Since he is unable to make legal decisions based on the custody order, I... View More 
answered on Feb 19, 2021
In order to properly answer your question, there is more information that is needed. I would recommend that you consult with an experienced family law attorney to review the current issues you are facing with the child support and health insurance.
Why no record of service at clerks office . After receiving judgement order to pay attorney fees. Not only not notified of hearing but judge wrote no reason for judgement.
answered on Feb 10, 2021
In Virginia, a judge will not enter a judgment against the defendant unless there is proof of service on the defendant. You may want to go to the Court to review the file or hire an attorney to review the file for you.
Kid’s mom and lawyer refuse to sign child support order, because it didn’t go her way.
answered on Jan 20, 2021
They can refuse to sign. If that case, a hearing is docketed for entry of the order.
The order need only reflect what the judge ruled. Not what the parties wanted the judge to rule.
If the parties disagree with the ruling, they file an appeal to have the ruling reviewed.
My daughter is 20 and lives with me. I've been paying child support on her since the support order was put in place. The only exception to that was a 4 year period of incarnation, which is why I have arrears. She doesn't receive any of the arrears, but she hates that I'm still having... View More
answered on Jan 5, 2021
Child support can come from either a court order or through the Division of Child Support Enforcement. If it's not through one of these channels but by maybe an oral or mutual agreement of the parents, then you'll generally have more flexibility. If your child support comes from the court... View More
If we verbally agreed with witnesses no arrears were owed.. and 5 years later after I got custody back.. can she use dcse to try to obtain arrears.. when the case was never ever thru dcse??
answered on Dec 26, 2020
I regret that I do not handle child support matters, divorce cases or any domestic relations matters. Sorry.
He will be attending college in the fall but will continue living at home.
answered on Nov 30, 2020
The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates... View More
Our divorce was finalized in Hawaii, I and my kids moved to VA and my ex is now living in Ohio. He is ordered to pay a certain amount, and doesn't. Can I get a show cause hearing scheduled? I went to my clerks office and they said that they "don't know" because the decree is out of Hawaii.
answered on Nov 30, 2020
The short answer is "no." Va. does not have jurisdiction over the father.
Under the Uniform Interstate Family Support Act, UIFSA, you would register the HI order for enforcement in OH.
Then, file a rule in Ohio, which does have personal jurisdiction.
One of two children turned 18. Wife reduced child support payments to half without filing for a change.
answered on Nov 10, 2020
The short answer is "no." Child support increases at a decreasing rate. For example, one child may be $100, two children are $150, and three children are $175.
Also, it takes an order to change an order.
Use the occasion of the child turning 18 as a material change of... View More
I had a divorce finalized in Hawaii. After that, I move to Virginia while the kids moved to California with the mother. My income has been reduced. I would like to request a decrease in the payment
answered on Jul 20, 2020
If Hawaii issued the child support order in effect, Hawaii is the only state that can modify child support so long as a parent or child continues to live in Hawaii.
If everyone leaves Hawaii, then the parent seeking to modify support has to modify support in the responding parent's... View More
My original support amount was $800 when I was making 4350 a month and she made 1160 and had $800 a month in daycare costs. Does she have to update the court of changes/increase in pay or about removing our daughter from day care? I have reason to believe her pay doubled since then and she no... View More
answered on Jul 17, 2020
If you suspect that the other parent’s income has increased by at least 25%, you can request a review and adjustment. As for your other question, the court can deviate from the guideline child support amount to factor in the childcare costs of a custodial parent enrolled in an educational program... View More
Can she ask for this? We've made the same money roughly for 9 years and share every cost 50/50 between our 2 sons. She wants back pay now totaling 40k which I cannot pay.
answered on Jul 16, 2020
The short answer is "yes." Each child support payment ordered by a court becomes a judgment as the payment becomes due and payable. It also carries a 6% judgment rate of interest.
Additionally, if ordered to pay via Depart. of Social Services, and you pay the other parent... View More
The child came to live with me in 7th grade and her mother never closed the case and now I'm being charged arrears for a child that I cared for 100% of the time in Virginia. I'm being told only her mother can close the case and the court will not review nor amend the case. Is there... View More
answered on Jun 16, 2020
There is a series of cases, Riggins, Shoup, and Gallagher, that address changes in child support and the effect when a child changes locations.
Do the payments stop automatically? Will the garnishment stop automatically?
answered on May 19, 2020
Ending child support means a lot more to you than it does Child Support Enforcement. An ounce of prevention is worth a pound of cure.
If you are subject to wage assignment/garnishment, the employer/garnishee minimizes their risk by continuing to take your money.
My divorce was finalized in the Circuit Court, and I later was awarded sole custody in a suit in JDR, but support was not addressed. Should I also seek child support in JDR? Is support automatically remanded to JDR after a divorce is final?
answered on May 19, 2020
Most of the final decrees I have seen now remand all matters concerning child custody, visitation and support to the appropriate Juvenile and Domestic Relations District Court. A parent should check the final decrees and orders in their cases to determine the appropriate court in which to file any... View More
Currently, paying child support for my two boys. The child support ordered is dated/signed by the Judge August 2019 and my divorced was just signed as well this past month of April 2020...In April 2020, last month, I also changed employers. I got a new job now which I make more annually, but less... View More
answered on May 18, 2020
You have to pay the last amount ordered. You continue paying the amount until a new order says otherwise.
If someone wants to change that amount, either reach an agreement with the other parent and submit an new order, or file a petition for the court to modify the amount based upon a... View More
The landlord is on my side, but how do I legally get him to move out, since he won’t leave on his own. We also have an almost 2 yr old daughter and I want to have full custody of her. He is a convicted felon x2 and on probation.
answered on May 16, 2020
I regret that I do not handle domestic relations or child custody matters. Sorry. If you and the faster of the child are both on the lease, the landlord will have to proceed in Court to ask the Court enter an order for possession against him. You need to work with the landlord on that issue. It... View More
Divorce agreement aligned with VA child support law, in which child support ends at 19 or completion of high school which ever comes first. Child graduates this May and the custodial parent is expecting continued child support through college. Can I end child support, and am I responsible to pay... View More
answered on May 13, 2020
A parent has a legal obligation to support his or her minor children until age 18, or until 19 if the child is still living in the home of the custodial parent and has not yet graduated high school. A parent has no legal obligation to support an adult child above age 18 or 19 unless he or she... View More
answered on May 8, 2020
The different worksheets would have been (i) sole/joint and (ii) shared. There could also be split where some children reside with one parent, and the rest with the other parent.
If both parents have custody more than 90 days, then the shared worksheet is used.
Otherwise, use the... View More
Pay support. I have sole physically custody. He has been paying 216.00 but his income increased by 25% and our son's needs are greater since he is older. I filed a petition and he turned around and wrote an opposition saying I hold a nail technician license and could be making more money, but... View More
answered on May 5, 2020
The judge has to determine the guideline amount of child support per Va. Code 20-108.2. That is using incomes, daycare costs, health insurance, etc. as they presently are, i.e., the court initially takes you as they find you.
The guideline amount is presumed correct, by statute.
If... View More
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