Roanoke, VA asked in Child Support for Virginia

Q: The judge ordered my boyfriend to pay 60,000.00 in back child support or 180 days in jail for show cause

He doesn't have that much money it was promised to be paid by a mutual friend

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1 Lawyer Answer
Miles Derek Franklin
Miles Derek Franklin
  • Stafford, VA
  • Licensed in Virginia

A: Orders to pay child support are targeted specifically at the parent but depending on how your mutual friend promised to pay, there may be an enforceable contract to obtain the necessary funds. An enforceable contract would require that your friend agreed, in writing, to pay your boyfriend's child support balance in exchange for some kind of promise given by your boyfriend (e.g., providing a service). If this is the case and your friend refuses to pay, then your boyfriend may have a breach of contract action against him. However, rather than engaging in a separate legal action, it may be more appropriate for your boyfriend to inform the court of his inability to pay and seek a modification of the order. Failing to pay child support becomes a felony once the amount due exceeds $10,000.

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