Woodbridge, VA asked in Divorce and Child Support for Virginia

Q: My ex and I have 50/50 custody 9 years now. She's never enfotced the CS amount (250)but is now asking for 9 years worh.

Can she ask for this? We've made the same money roughly for 9 years and share every cost 50/50 between our 2 sons. She wants back pay now totaling 40k which I cannot pay.

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

A: The short answer is "yes." Each child support payment ordered by a court becomes a judgment as the payment becomes due and payable. It also carries a 6% judgment rate of interest.

Additionally, if ordered to pay via Depart. of Social Services, and you pay the other parent directly, the payments do not count, and are deemed to be gifts.

You may be able to mitigate the arrearage (if the order allows you to pay the mother directly) by proving your cost sharing, e.g., you owed the mother $250 but paid the $250 soccer camp on her behalf.

However, if the extracurricular activities was ordered to be paid separate from/in addition to, the $250, then the payments would not count toward support.

In short, it is never a good idea to ignore court orders.

Afsana Chowdhury agrees with this answer

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