Q: I live in Virginia. Can the interest be waived on child support in arrears by the custodial parent? My kids are over 18
When one of my sons turned 15 he lived with me and my other son lived with my ex. We went to court an agreed that she would take care of one son and I would the other. Current child support would end then. I would just have to pay what was in arrears. I believe that child support was still charging me for the son who was living with me. I am trying to get documentation from child support to prove this. My ex is willing to lower the amount I owe but I am under the impression that Virginia law does not allow this but I believe she can waive the interest owed. Is this true?
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;"
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