Virginia Beach, VA asked in Child Support for Virginia

Q: When you say child support continues until arrearages are paid off, do you mean as they are set now?

Right now, my child is over 18. The child support it is set at 507 a month. 300+ for child support and 179 for arrears broken down bi-weekly. I am in a situation where the 179 a month to arrears is realistic can this be modified? Will the judge drop the child support and keep arrears where they are at?

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1 Lawyer Answer
Michael Christopher Miller
Michael Christopher Miller
  • Vienna, VA
  • Licensed in Virginia

A: Va. Code 20-60.3, "14. Notice that in determination of a support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law. The order shall also provide, pursuant to § 20-78.2, for interest on the arrearage at the judgment rate as established by § 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest."

The support cannot be changed, as stated above, they create a judgment by operation of law.

The judge can vary the rate at which the arrearages are paid, i.e., less over longer time, or more in less time.

Be aware that the arrearages carry a 6% rate of interest, which is a disincentive to drag this out.

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