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Virginia Child Support Questions & Answers
1 Answer | Asked in Child Support for Virginia on
Q: My stepdaughter will turn 18 on 2/2020. Husband divorce decree specifically states the child support will cease at 18

Or whenever she graduates - whichever occurs first. She will be 18 in February but does not graduate until June 2020. Is this actually correct? We have be receiving conflicting information. The way the decree reads the child support and alimony would end when she turns 18 or graduates, whichever... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Nov 8, 2019

Va. Code § 20-124.2. Court-ordered custody and visitation arrangements.

. . .

C. The court may order that support be paid for any child of the parties. Upon request of either party, the court may order that such support payments be made to a special needs trust or an ABLE savings...
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1 Answer | Asked in Child Support for Virginia on
Q: Can interest on child support arrearages be forgiven?

Currently, the interest alone is $15,000, the arrearage amount is $18,000 and is being paid down monthly. Also, I am disabled and wheelchair bound, unable to work do to my injuries and collecting SSD benefits.

Michael Christopher Miller
Michael Christopher Miller answered on Nov 1, 2019

Your support order should have the disclosures required by Va. Code 20-60.3.

There should be a paragraph that says something along the following: "14. Notice that in determination of a support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of...
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1 Answer | Asked in Family Law and Child Support for Virginia on
Q: Hello, I conceived in SA Texas. I live in Virginia now. Never married.

I conceived in Texas (San Antonio) I lived there for 6 months and bought a home. When the father found out I was pregnant he abandoned/ left me and my baby. I moved to Virginia with my parents. I want to file child support in Texas but the father is fighting this. Texas child support stated I could... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Oct 29, 2019

Wherever you file for child support, the case will be heard in a court where the payor resides.

You can file in Va., but Va. DCSE will transfer the case to Texas. Or, you can file directly in Texas.

If the father is subject to Texas jurisdiction, there is nothing to fight....
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1 Answer | Asked in Child Support for Virginia on
Q: What happens to back-support owed after the child turns 18:

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?

Michael Christopher Miller
Michael Christopher Miller 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...
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1 Answer | Asked in Child Support and Civil Litigation for Virginia on
Q: Can I sue my children's mother for never giving me and them financial support and putting them through emotional damage?

Mother having them and me have to go through unnecessary struggle financially and emotionally.

F. Paul Maloof
F. Paul Maloof answered on Sep 17, 2019

I do not handle domestic relations cases. Sorry.

1 Answer | Asked in Child Support, Divorce and Family Law for Virginia on
Q: I filed divorce from my husband. My lawyer is telling me to decide on a dollar amount for child support

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?

Michael Christopher Miller
Michael Christopher Miller 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.

1 Answer | Asked in Child Support for Virginia on
Q: My son recently graduated and is 18. He plans on attending college. Is child support still required.
Michael Christopher Miller
Michael Christopher Miller 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 graduates... Read more »

1 Answer | Asked in Appeals / Appellate Law and Child Support for Virginia on
Q: How long does a wife have to appeal a JDR court decision to reduce spousal support?

What is the VA statute/law for appeals from JDR to higher court?

Michael Christopher Miller
Michael Christopher Miller 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,...
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1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: My child has graduated high school at the age of 17. Is child support still required when mother has sole custoduy?

Mother requested sole custody of our 17 year old daughter and I reluctantly agreed.

Michael Christopher Miller
Michael Christopher Miller 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 child...
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1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: Question about Child support /Custody

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... Read more »

Michael Christopher Miller
Michael Christopher Miller 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 shared child for... Read more »

1 Answer | Asked in Child Support for Virginia on
Q: I live in va my kids mother jus moved to north Carolina what do I need to do to get joint custody

Neither of us has sole custody of them

Michael Christopher Miller
Michael Christopher Miller 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.

1 Answer | Asked in Child Support and Divorce for Virginia on
Q: Can the length of child support payments be shortened until just 16 if my wife and I agree in a separation agreement?
Michael Christopher Miller
Michael Christopher Miller 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...
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1 Answer | Asked in Child Support for Virginia on
Q: In Virginia, can non custodial parent receive child support? Non custodial parent has 94 days/year with children.
Michael Christopher Miller
Michael Christopher Miller 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...
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1 Answer | Asked in Child Support for Virginia on
Q: Do I still have to pay child support after my child graduates high school and will attend Community college part time?

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?

Michael Christopher Miller
Michael Christopher Miller 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.

1 Answer | Asked in Child Support for Virginia on
Q: When you say child support continues until arrearages are paid off, do you mean as they are set now?

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... Read more »

Michael Christopher Miller
Michael Christopher Miller 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 §... Read more »

1 Answer | Asked in Child Support for Virginia on
Q: Do you need to file anything with court once child graduates from high school for child support termination?

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.

Michael Christopher Miller
Michael Christopher Miller 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....
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1 Answer | Asked in Child Support for Virginia on
Q: If I have a Florida child support case and currently live in Virginia where do I petition for an increase?
Michael Christopher Miller
Michael Christopher Miller 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...
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1 Answer | Asked in Family Law and Child Support for Virginia on
Q: My support order includes 75% of medical bills. I am getting billed $500 plus a month- it's a struggle. Modification?
James H. Wilson Jr.
James H. Wilson Jr. 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 question... Read more »

1 Answer | Asked in Child Support for Virginia on
Q: What is the first step to modifying a current support order?
Michael Christopher Miller
Michael Christopher Miller 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.

1 Answer | Asked in Child Support for Virginia on
Q: My ex-spouse was ordered to pay child support for my two children of 682.00 monthly. My son will be 18 in June.

so what will the new child support payment be for my other child?

Sharon R. Moss
Sharon R. Moss 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.

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