Asked in Child Support for Virginia

Q: My husband and I separated 9years and I was awarded custodial parent and he was suppose to pay $800 monthly for our 3

Children. It was taken from his check for 1yr and he hasnt paid any since. 2 of our children are over 18now but he doesn't think he should owe me anything because I didn't take him back to court. Is he right? If I'm owed anything how do I go about collecting?

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

A: No, he is not right.

If you have a recent Virginia order, there should be notices required by 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;"

Each unpaid child support is a judgment that also earns the judgment rate of interest.

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