Virginia Beach, VA asked in Child Support for Virginia

Q: Can we ask for child support for the last nine years?

My child starting living with me 9 years ago when mother couldn’t handle him ( he was getting in trouble). Now he’s 16 in va he wants to move in with his mom. She probably will want child support. I never asked for help. Can I ask for back child support/ medical bills? There isn’t any court orders. I don’t mind helping her with the expenses at all, but I would lose my house if I had to pay $600 a month and I have two little kids now. He wAnts to live with his mom because of the little kids and he gets along with her better. She is recovering from drug abuse. She been off drugs 1.5 years. If I fought for custody would I have a good chance on winning?

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2 Lawyer Answers

A: Unfortunately, if there was no child support order in place and no order or written agreement concerning child support or expenses, there is no authority for the court to grant child support for the last 9 years. With regard to custody, since the child has been with you for the last 9 years, if he is doing well, that would be in your favor. At 16 the court will take into consideration your son's wishes with regard to custody, but it is not the only factor they would consider. Speak to an attorney for more specific advice regarding your case.

Michael Christopher Miller
Michael Christopher Miller
  • Vienna, VA
  • Licensed in Virginia

A: Child support may only be retroactively applied back to the date the petition for support is filed. So, if you have a child and wait 9 years to file for support, and the hearing is two months after filing, the support can only be retroactively applied back for two months.

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