Ormond Beach, FL asked in Child Support for Virginia

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?

Related Topics:
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;"

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.