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Virginia Child Support Questions & Answers
2 Answers | Asked in Divorce, Family Law, Child Support and Child Custody for Virginia on
Q: How to start a legal separation in Virginia with spousal support?

I am considering a legal separation in Virginia. My spouse makes at least double my income, and we have three children. We don't have any existing agreements about child custody. I want to ensure I am financially secure and can stay in my house. I am interested in obtaining spousal support... View More

Christopher Adkins
Christopher Adkins
answered on Oct 20, 2025

In Virginia, there isn’t a formal “legal separation” filing like in some states — instead, couples live separately and apart with the intent to end the marriage, which starts the timeline for divorce and support claims.

Your first step is to speak with a Virginia family law...
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Q: Seeking legal guidance on custody, loss recovery, and HUDVASH after SUV crash and theft in Norfolk, VA.

I am currently involuntarily living in a personal care home in Philadelphia, PA, due to homelessness after a traumatic series of events. Both my homes, where these incidents occurred, were HUDVASH homes. My neighbor crashed his SUV into my HUDVASH home in Norfolk, VA, while my son was inside,... View More

Christopher Adkins
Christopher Adkins
answered on Oct 20, 2025

You’re dealing with several issues, so take it one step at a time.

First, contact the court in Norfolk, Virginia where your son’s custody case is being handled and ask for copies of any court orders. Then, reach out to Legal Aid or a family law attorney in Virginia to help you work on...
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1 Answer | Asked in Divorce, Child Support and Family Law for Virginia on
Q: When will Washington's updated 2026 child support calculator be released?

I've filed for divorce in Washington state and noticed that the updated child support tables, effective Jan 1, 2026, increase support payments with monthly income caps extending beyond the previous $12k limit up to $50k. As the recipient of child support, I'm considering waiting until the... View More

James L. Arrasmith
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answered on Oct 4, 2025

You’re right that Washington’s child support schedule is set to change beginning January 1, 2026, with higher income limits and updated amounts that reflect cost-of-living adjustments. These changes were approved to better match modern income levels and ensure fairer support calculations for... View More

2 Answers | Asked in Divorce, Foreclosure, Child Support, Family Law and Real Estate Law for Virginia on
Q: Do I get all profits from house sale in foreclosure after divorce agreement?

I was awarded my house in my divorce, with the condition that I had two years to refinance and remove my ex's name from the loan. The house is now in foreclosure, scheduled for October 3. If I sell the home, do I get all the profits given there is no written agreement post-divorce about profit... View More

Anthony M. Avery
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answered on Oct 1, 2025

It is possible but doubtful. The divorce is between the two spouses and has no bearing on the lender. When the lender conducts the sale, they will probably transfer any surplus over to the notemakers. However with your figures, do not expect any significant surplus, if any, as the noteholder... View More

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1 Answer | Asked in Child Custody, Child Support, Arbitration / Mediation Law, Divorce and Family Law for Virginia on
Q: Custody dispute: ex offers $1,200/month for split custody or $600/month if declined. Legitimate?

I am preparing for a court date regarding custody. My ex-spouse, who is not currently the custodial parent, has proposed through his lawyer that I accept $1,200/month in child support if I agree to an order granting him split custody. Otherwise, he intends to pursue only $600/month in support.... View More

James L. Arrasmith
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answered on Sep 30, 2025

Child support in your case will not be based on private offers or negotiations but on your state’s child support guidelines. The court uses a formula that considers each parent’s income, the amount of time each parent spends with the child, and certain expenses. Because of this, your ex cannot... View More

Q: Homeless veteran seeking legal help for stolen disability payments, housing loss, eviction, and custody issues.

I am a homeless veteran who lost everything I have ever owned, including my HUDVASH housing and custody of my son, due to a series of traumatic events. My V.A. disability payments were stolen, and although I don't have physical proof, my son found my debit card in a neighbor's mailbox. My... View More

James L. Arrasmith
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answered on Sep 27, 2025

What you’ve been through is heartbreaking, and it makes sense that you want to find legal help to address each of these issues. The stolen disability payments, the unsafe housing situations, and the sudden eviction all raise questions about whether your rights were respected. Even without... View More

Q: Need legal help for theft, property damage, custody, and housing issues in Virginia.

I am facing severe housing issues and family separation due to multiple traumatic events. My neighbor stole my debit card, threatened my son, and crashed his SUV into my HUD-VASH home, causing significant property damage. As a result, we lost valuable belongings, pets, and my son's... View More

James L. Arrasmith
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answered on Sep 19, 2025

You should start by documenting everything related to these incidents, including police reports, photographs of property damage, and any communications with your neighbor. Contact your local law enforcement to ensure theft and property damage reports are officially filed, and follow up on the... View More

1 Answer | Asked in Child Support and Family Law for Virginia on
Q: Clarification needed on child support order details and payments.

I need clarification on my child support order. It says I'm responsible for 50% of childcare costs. However, there's also a separate monthly fee that isn't linked to childcare. My child no longer attends childcare, so I'm unsure whether I still need to pay both amounts, or just... View More

James L. Arrasmith
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answered on Sep 11, 2025

The first step is to carefully review the language of your child support order. Look at the sections that discuss childcare costs and any separate monthly fees to see how each is defined and under what circumstances they apply. Childcare costs are typically only required when your child is actually... View More

2 Answers | Asked in Child Custody, Child Support, Military Law and Family Law for Virginia on
Q: Military father wants contact with son; mother withholding. What to do?

I am currently serving in the military and stationed in Texas. My estranged wife of one year, who is in Virginia, is not allowing me to speak to or know the whereabouts of our 9-month-old son. We have no custody agreements in place yet. She typically withholds contact when she is upset or... View More

Corrie Sirkin
Corrie Sirkin
answered on Sep 16, 2025

I am so sorry to hear this! In Virginia, both parents have equal legal rights to their child unless and until a court order says otherwise. That means your wife does not have the legal authority to unilaterally prevent you from having contact or knowledge of your son.

To establish and...
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1 Answer | Asked in Child Support, Immigration Law and Family Law for Virginia on
Q: How to request more child support and US citizenship for my daughter in Virginia?

I have full custody of my 8-year-old daughter, whose father is a US citizen. He abandoned us, moved to the USA, and now lives in Virginia. He sends $150 monthly in child support, which is not enough. Can I legally request more child support? Also, can my daughter obtain US citizenship, and what... View More

James L. Arrasmith
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answered on Sep 1, 2025

You can ask for more child support, and Virginia courts calculate it using mandatory guidelines based on both parents’ gross incomes, childcare, health insurance, and extraordinary expenses. Because he lives in Virginia, you can file directly in the Juvenile and Domestic Relations District Court... View More

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Virginia on
Q: Sheriff's interruption and accusation during custody trial appropriate?

During my custody and child support trial, the sheriff interrupted me several times while I was answering the judge’s questions—once to instruct me to “just answer the judge’s question” and again to prevent me from speaking to or asking my ex questions, even though I was trying to discuss... View More

James L. Arrasmith
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answered on Aug 29, 2025

It is not typically appropriate for a sheriff to interrupt a person’s testimony unless there is a safety issue or a direct order from the judge. Courtroom deputies are there to maintain order and security, not to control the substance of testimony. If the judge did not instruct the sheriff to... View More

1 Answer | Asked in Child Support, Tax Law and Family Law for Virginia on
Q: Illegal for grandmother to claim child on taxes without consent?

As the mother with full custody of my child, I suspect my son's grandmother might be claiming him on her taxes without my permission. In 2017, I permitted her to claim him for one year, but I believe she may have continued to do so. The grandmother has never had custody of him. Is it illegal... View More

James L. Arrasmith
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answered on Sep 8, 2025

Yes, it is illegal for someone to claim a child on their taxes without having the right to do so. Since you have full custody and only permitted your mother to claim your child in 2017, any continued claims without your consent would violate IRS rules. The IRS considers the custodial parent as the... View More

1 Answer | Asked in Child Support and Family Law for Virginia on
Q: Can child support be initiated for a 17-year-old who graduated home-school? No formal order exists.

Can a new child support case be opened if the child is 17, has graduated from home-school high school, and there is no current child support order in place? The person has been voluntarily paying money each month without any formal agreement.

James L. Arrasmith
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answered on Jul 26, 2025

Yes, a child support case can still be opened even if the child is 17, as long as they are considered a minor under state law. Graduation from a home-school program may affect whether the child is viewed as “emancipated” or no longer in need of support, but the court will look at more than just... View More

2 Answers | Asked in Child Support and Family Law for Virginia on
Q: Can a judge override a child support office order in VA?

I am a school teacher earning $3,000 a month, but I do not work during the summer. My child's father earns $12,917 a month but has never paid any child support for our 15-month-old daughter, despite an existing order from the child support office. The father has now filed for a hearing with a... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jul 4, 2025

An initial child support decision may be determined in one of two ways in Virginia, by an administrative decision of the Department of Social Services, Division of Child Support Enforcement, or by a Circuit Court or Juvenile and Domestic Relations District Court judge. A party may appeal a... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Virginia on
Q: Can I obtain joint custody of my child living in CA while I'm in VA?

I currently live in Virginia, and I'm interested in obtaining joint custody of my 6-year-old son, who lives in California with his mother. We currently have a verbal agreement where I see him during holidays and summer, while she has him during the school year. I also pay $800 monthly for his... View More

James L. Arrasmith
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answered on Jul 4, 2025

You would need to file a custody petition in California, since that state has “home state” jurisdiction over your son under the Uniform Child Custody Jurisdiction and Enforcement Act.

California courts will evaluate your request for joint legal and physical custody based on the...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Virginia on
Q: What should I bring to my court hearing for child support and custody?

I have petitioned the courts for child support and custody of my child, with a hearing scheduled for June 16, 2025. I am self-representing in this case. Is there anything specific I need to bring with me to the hearing, and what should I expect on the day of court?

James L. Arrasmith
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answered on Jun 2, 2025

You should bring your ID, original and multiple copies of all documents, including the petition, proof of income, pay stubs, tax returns, the child’s birth certificate, and any bills or receipts showing expenses related to the child. If you have a proposed parenting plan, a budget for child... View More

1 Answer | Asked in Child Support, Public Benefits, Social Security, Tax Law and Family Law for Virginia on
Q: How can I recover a portion of my tax return offset for child support in Virginia given my disability and financial hardship?

I am currently experiencing financial hardship, and my tax return was offset by the Office of the Attorney General for child support. I am disabled with very limited resources, and I have been unable to cope financially since losing my former fiancé to suicide, which I'm discussing in... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you’re going through so much. Losing your tax return to a child support offset while facing disability and financial hardship can feel overwhelming, especially with everything else on your plate.

If your tax return was intercepted for child support in Virginia, you...
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1 Answer | Asked in Child Support, Civil Litigation, Gov & Administrative Law and Family Law for Virginia on
Q: Can I sue DCSE for erasing arrears without consent or court approval?

I asked DCSE to close my current case, and they erased over $40,000 in arrears owed to me without my permission, court approval, or judgment. Initially, they erased the arrears in 2024, but after I confronted them, they changed the date to 2019. I did not receive any documentation or notice about... View More

James L. Arrasmith
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answered on May 14, 2025

What happened to you is deeply frustrating and, on the surface, seems like a serious mishandling of your case. If DCSE erased over \$40,000 in arrears without your knowledge, permission, or a court order, that may be a violation of your rights as the person owed support. Child support arrears are... View More

1 Answer | Asked in Child Support, Social Security, Family Law and Public Benefits for Virginia on
Q: Can I stop child support after daughter's college graduation in VA?

My daughter graduated from college on May 8, 2025, and is living independently without support from her mother. I am currently under a court order to pay $169 monthly in child support, deducted from my SSD payments. I also owe some back pay and have been making payments for the past 3-4 years.... View More

James L. Arrasmith
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answered on May 12, 2025

In Virginia, your child support obligations typically end when your child turns 18 or graduates from high school, whichever happens later. Since your daughter has now graduated from college and is living independently, you would generally no longer be required to pay child support under Virginia... View More

1 Answer | Asked in Child Support, Legal Malpractice and Family Law for Virginia on
Q: What to do for a failure to appear in child support case in VA?

I have a failure to appear charge for a child support case scheduled on 3/19/25. My court-appointed lawyer had advised me that she would handle it, but now I am charged with failure to appear. I contacted her by phone on 1/11/25 regarding handling the court date, and again left a message today,... View More

James L. Arrasmith
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answered on Apr 13, 2025

You should contact the court that issued the failure to appear as soon as possible. Let them know you were under the impression that your court-appointed attorney was handling the appearance and that you didn’t intend to ignore the court date. Ask if you can file a motion to explain the situation... View More

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