Bethesda, MD asked in Family Law and Child Support for Virginia

Q: I have a question about jurisdiction/where to seek child support, in Virginia.

My divorce was finalized in the Circuit Court, and I later was awarded sole custody in a suit in JDR, but support was not addressed. Should I also seek child support in JDR? Is support automatically remanded to JDR after a divorce is final?

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2 Lawyer Answers
James H. Wilson Jr.
James H. Wilson Jr.
PREMIUM
Answered
  • Glen Allen, VA
  • Licensed in Virginia

A: Most of the final decrees I have seen now remand all matters concerning child custody, visitation and support to the appropriate Juvenile and Domestic Relations District Court. A parent should check the final decrees and orders in their cases to determine the appropriate court in which to file any subsequent proceedings.

Michael Christopher Miller agrees with this answer

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

A: As my colleague said, you will need to read the order(s). Frequently, all matters go to JDR court. But it is possible, for example Child Support Enforcement, DCSE, becomes involves, that only support that is relevant to DCSE is transferred while custody stays in circuit court.

Nothing is automatically transferred. There is an order somewhere.

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