Get free answers to your Child Support legal questions from lawyers in your area.
My daughter's father currently owes $25,000 in back-support for our 16-year old daughter.
Is he required to continue paying on that amount after she turns 18?
answered on Sep 25, 2019
§ 20-60.3. Contents of support orders.
. . .
16. A statement that if any arrearages for child support, including interest or fees, exist at the time the youngest child included in the order emancipates, payments shall continue in the total amount due (current support plus amount... View More 
Mother having them and me have to go through unnecessary struggle financially and emotionally.
We have 2 children age 5 and age 11. How do I come up with this figure? Is there a guideline for the state of Virginia? What if I pick a number too high and he won’t sign? How do I know what is fair?
answered on Aug 26, 2019
One does not decide on a dollar figure.
Va. Code 20-108.1 and 20-108.2 lay out in detail how child support is calculated. Both statutes state that the guideline amount determined by the formula must first be calculated by the judge, and is presumed to be the correct amount of child support.
answered on Aug 1, 2019
"The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or... View More
What is the VA statute/law for appeals from JDR to higher court?
answered on Jul 9, 2019
Va. Code § 16.1-296. Jurisdiction of appeals; procedure.
A. From any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction, an appeal may be taken to the circuit court within 10 days from the entry of a final judgment,... View More
Mother requested sole custody of our 17 year old daughter and I reluctantly agreed.
answered on Jun 3, 2019
Yes. Child support is payable until age 18 years.
"The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving... View More
My daughters father claims he keeps our daughter 75% of the time however I feel like he doesnt. He keeps her on his days off which is 2 days out of the week and every other weekend. When he gets vacation he get close to a month off and he will keep her but that's it. Here recently the past 6-7... View More
answered on May 20, 2019
Va. Code § 20-108.2(G)(3) "(c) Definition of a day. For the purposes of this section, "day" means a period of 24 hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the... View More
Neither of us has sole custody of them
answered on May 17, 2019
Before the children reside outside of Virginia for six months, you need to file a custody petition.
After six months, you will be traveling to a NC court to determine custody and visitation.
answered on May 15, 2019
Can you and your wife make that agreement? Yes.
Will the court enforce the agreement if someone chooses to violate, e.g., your wife seeks child support past age 16? Probably not.
Parties cannot contract away the power of the courts to protect the welfare of children. Child support... View More
answered on Apr 1, 2019
Yes, it is possible.
When both parents have more than 90 days of parenting time, one uses the shared custody child support formula. One takes the combined incomes of both parents and finds the guideline amount of support from the table in Va. Code 20-108.2. Then, because it is shared... View More
My child is graduating high school in the June 2019 and will be attending community college in the fall. Will I still have to pay child support in VA?
answered on Feb 19, 2019
You don't continue to pay child support after age 18 unless the child is in high school, then you pay to age 19 or graduation.
You are obligated to continue to pay child support until any arrearages are fully paid.
Right now, my child is over 18. The child support it is set at 507 a month. 300+ for child support and 179 for arrears broken down bi-weekly. I am in a situation where the 179 a month to arrears is realistic can this be modified? Will the judge drop the child support and keep arrears where they are... View More
answered on Feb 14, 2019
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 §... View More
Hello, My child graduates from High School in June 2019 and my last payment for Child Support is in May 2019. I pay directly to the mother. Does my child support automatically stop or do I need to file anything with court? I live in Virginia. Thank you.
answered on Jan 14, 2019
Generally, no further filing is required. The terms of the order should clearly state the terminating events.
However, if one has multiple supported children, then one would want to file a modification action rather than just proportionally reduce support for the remaining minor children.... View More
answered on Jan 2, 2019
Virginia and Florida have both adopted the Uniform Interstate Family Support Act, UIFSA.
A state that issues a support order has continuing, exclusive jurisdiction to modify that order so long as someone continues to live in the state, i.e., if anyone is in Florida, file to modify in... View More
For the past several months, I have provided my local child support office with information on the non-custodials place of employment. This information included pictures of the non-custodial parent in uniform with the company logo, Facebook postings and pictures from the website that listed him as... View More
answered on Dec 19, 2018
Child support orders in Virginia can be modified upon a threshold showing of a material change in financial circumstances. A child support order will normally include responsibility for a parent's income share of medical bills not covered by health insurance. It is not clear from your... View More
answered on Dec 14, 2018
Making sure one has a material change of circumstances that would warrant a modification.
Then, asking the other side if they would cooperate with modifying the order.
so what will the new child support payment be for my other child?
answered on Oct 22, 2018
Child support is calculated based on each parents gross monthly income, cost of health insurance for the children, and cost of any work related child care, so these numbers would be necessary to determine the amount of guideline child support.
My children who are under foster care through the state turned 18 this month and I received a letter stating I will continue to pay until 2020 June 1st when they are estimated to graduate
answered on Oct 15, 2018
The Virginia child support statute provides that support will continue to be paid for any child over the age of 18 who is a full-time high school student, until such child reaches the age of 19 or graduates from high school, whichever occurs first.
Also if I have moved from Stafford to Loudoun County can I petition the court for custodial parent to meet half way on visitation drop offs, pick ups etcetera?
answered on Oct 11, 2018
Virginia Code section 20-108.2 states that "any child support order shall provide that the parents pay in proportion to their gross incomes, as used for calculating the monthly support obligation, any reasonable and necessary unreimbursed medical or dental expenses." So unless it is... View More
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