Richmond, VA asked in Family Law and Child Support for Virginia

Q: Should I continue to pay expenses to my wife and kids after she moved out with the kids.We are separated.

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2 Lawyer Answers

A: You have an obligation to help support your children until they are 18, or 19 (if they are still in high school). However, if there is no child support order in place, then there is no set amount that you have to pay. With regard to supporting your wife, that depends on your ability to pay and her need, and the facts of your situation. You would need to speak to an attorney to get more specific answers on the support issues.

A: If you don't pay their expenses, she will file for support. That may cost more in the long run, and you still end up paying the expenses.

One concern though is, if she has filed for support, the support can be retroactively ordered to the date she filed her motion. The questions is whether a judge would give you credit for your voluntary payments or not. If not, you end up directly paying the expenses, and then giving her support for the same period you already directly paid.

You may also be paying more support than is required. The best measure of a person's ability to pay support is what the pay voluntarily without legal compulsion.

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