Spotsylvania, VA asked in Child Support and Child Custody for Virginia

Q: When the other parent is granted temp custody, do they still have to pay support until the final hearing?

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1 Lawyer Answer
Michael Jeremiah Seck
Michael Jeremiah Seck
  • Divorce Lawyer
  • Leesburg, VA
  • Licensed in Virginia

A: The Court can make a temporary award of child support in addition to the temporary custody ruling. Absent there being a court order requiring the payment of temporary child support there is no obligation to pay support. You would only have to pay support if the court has ordered a support amount. If child support is also a matter to be determined by the court, the court may order that child support be made retroactive to the date of the initial filing for support. If the court determines that child support is owed and makes it retroactive to the date of filing, you could be in a situation where you are not required to pay monthly support on a temporary basis while the case is pending but you might be ordered to pay an amount in arrears once a final determination of child support is made by the court. You should contact an experienced family law attorney to discuss these matters in more detail. The answer to your question can vary depending upon what matters are currently before the Court and what Orders have been entered by the Court. Feel free to contact my office if you need any additional clarification. Thanks. Mike.

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