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Virginia Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: I have joint custody and pay child support. The mother is withholding the kids. Can I put child support in escrow?

On 1/25/2021, the court ruled on joint custody and child support. The mother found out I am in a new relationship and now refuses to adhere to the legal agreement and is demanding I bring her everything in my home I bought our kids. She never fully complied with the order; I do not know where she... Read more »

Gary D. Godman
Gary D. Godman answered on Mar 25, 2021

It's a good theory but ultimately not allowed - support and visitation are two separate issues in the eyes of the court. Support should still be paid as ordered, and a show-cause may be appropriate for the violation of the visitation order. Speak with a local family law attorney about how to... Read more »

1 Answer | Asked in Family Law and Child Support for Virginia on
Q: My child's father has asked me to not file for child support, however, he will not help financially. What do I do?

His father barely sees him, and does not want to help financially, even though he said he would. He never offers anything and doesn't even help buy him anything. I don't know what I am supposed to do anymore.

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 23, 2021

Both parents have a legal duty to support their children. Child support is paid to the parent with primary physical custody or the parent to him a support obligation is owed under the shared custody guidelines computations. A child support case can be initiated in the Commonwealth of Virginia in... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Q: How do I prepare for a hearing over mutually agreed upon child support and custody in official divorce decree?

My ex spouse filed for child support before we divorced (I have made every payment) and during our divorce we renegotiated our payments VIA our LAWYERS. I filed the official divorce decree that was signed by a JUDGE with the juvenile court in Chesapeake, VA which I was told to do by my lawyers so... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 16, 2021

Parents cannot effectively bargain away their children's rights to child support. While a court will consider a written agreement between the parties, it is not binding on the court, and the court can order whatever amount is deemed appropriate after calculating the presumptively correct... Read more »

1 Answer | Asked in Child Support for Virginia on
Q: I have a court date for child support from California but neither of us live there anymore, what happens next?

My ex filed for child support in the state of California but moved to a different state. I’m suppose to have a court hearing but I no longer reside in California either. I’m unsure of what I should do.

Michael Christopher Miller
Michael Christopher Miller answered on Mar 2, 2021

Move to dismiss the CA matter for lack of jurisdiction under UIFSA.

The other party, as the petitioning party, has to refile where you live as the responding party.

1 Answer | Asked in Child Support for Virginia on
Q: If someone hasn’t paid child support in over a year and is now trying to get unsupervised visits, would he have to pay
Michael Christopher Miller
Michael Christopher Miller answered on Feb 22, 2021

Visitation and child support are entirely separate matters. One is not conditioned on the other.

Visitation proceeds as ordered without regard to child support payments.

If you want the child support, file a motion to compel payments.

1 Answer | Asked in Family Law, Child Custody and Child Support for Virginia on
Q: Can the NC parent add our daughter to his insurance if I have legal custody and already carry coverage?

Recently, I reopened a CS order due to 1.5 years of non-payment based on a mutual agreement with the NC parent. Now that he is being legally ordered to pay CS, he mentioned adding our daughter to his health insurance. Since he is unable to make legal decisions based on the custody order, I... Read more »

Kelly L. Vasta
Kelly L. Vasta answered on Feb 19, 2021

In order to properly answer your question, there is more information that is needed. I would recommend that you consult with an experienced family law attorney to review the current issues you are facing with the child support and health insurance.

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for Virginia on
Q: Judgement in va ordered to pay . Hearing that defendant ordered to pay (was not notified of the hearing)

Why no record of service at clerks office . After receiving judgement order to pay attorney fees. Not only not notified of hearing but judge wrote no reason for judgement.

F. Paul Maloof
F. Paul Maloof answered on Feb 10, 2021

In Virginia, a judge will not enter a judgment against the defendant unless there is proof of service on the defendant. You may want to go to the Court to review the file or hire an attorney to review the file for you.

2 Answers | Asked in Family Law and Child Support for Virginia on
Q: Can a parent and their lawyer refuse to sign the court order if they don’t agree with the judgement

Kid’s mom and lawyer refuse to sign child support order, because it didn’t go her way.

Michael Christopher Miller
Michael Christopher Miller answered on Jan 20, 2021

They can refuse to sign. If that case, a hearing is docketed for entry of the order.

The order need only reflect what the judge ruled. Not what the parties wanted the judge to rule.

If the parties disagree with the ruling, they file an appeal to have the ruling reviewed.

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1 Answer | Asked in Child Support for Virginia on
Q: Can the arrears that I owe in child support be forgiven by my child, who is now 20 and self sufficient?

My daughter is 20 and lives with me. I've been paying child support on her since the support order was put in place. The only exception to that was a 4 year period of incarnation, which is why I have arrears. She doesn't receive any of the arrears, but she hates that I'm still having... Read more »

James D. Williams
James D. Williams answered on Jan 5, 2021

Child support can come from either a court order or through the Division of Child Support Enforcement. If it's not through one of these channels but by maybe an oral or mutual agreement of the parents, then you'll generally have more flexibility. If your child support comes from the court... Read more »

1 Answer | Asked in Child Support and Civil Litigation for Virginia on
Q: At my last court hearing my arrears were 7177.00 and child support was paid up to current & case dismissed w/o prejudice

If we verbally agreed with witnesses no arrears were owed.. and 5 years later after I got custody back.. can she use dcse to try to obtain arrears.. when the case was never ever thru dcse??

F. Paul Maloof
F. Paul Maloof answered on Dec 26, 2020

I regret that I do not handle child support matters, divorce cases or any domestic relations matters. Sorry.

1 Answer | Asked in Child Support for Virginia on
Q: Can my child continue to receive child support payments after 18 if he has had an IEP since PreK

He will be attending college in the fall but will continue living at home.

Michael Christopher Miller
Michael Christopher Miller answered on Nov 30, 2020

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 Child Support for Virginia on
Q: Can I get a show cause issued in VA if order for child support is out of HI and ex husband lives in Ohio?

Our divorce was finalized in Hawaii, I and my kids moved to VA and my ex is now living in Ohio. He is ordered to pay a certain amount, and doesn't. Can I get a show cause hearing scheduled? I went to my clerks office and they said that they "don't know" because the decree is out of Hawaii.

Michael Christopher Miller
Michael Christopher Miller answered on Nov 30, 2020

The short answer is "no." Va. does not have jurisdiction over the father.

Under the Uniform Interstate Family Support Act, UIFSA, you would register the HI order for enforcement in OH.

Then, file a rule in Ohio, which does have personal jurisdiction.

1 Answer | Asked in Child Support for Virginia on
Q: Is child support in Virginia automatically reduced by half when one of two children turns 18?

One of two children turned 18. Wife reduced child support payments to half without filing for a change.

Michael Christopher Miller
Michael Christopher Miller answered on Nov 10, 2020

The short answer is "no." Child support increases at a decreasing rate. For example, one child may be $100, two children are $150, and three children are $175.

Also, it takes an order to change an order.

Use the occasion of the child turning 18 as a material change of...
Read more »

1 Answer | Asked in Family Law and Child Support for Virginia on
Q: How do I submit to have CS modify due to reduce of income? The divorce was in Hawaii. I am in VA. The kids are in CA.

I had a divorce finalized in Hawaii. After that, I move to Virginia while the kids moved to California with the mother. My income has been reduced. I would like to request a decrease in the payment

Michael Christopher Miller
Michael Christopher Miller answered on Jul 20, 2020

If Hawaii issued the child support order in effect, Hawaii is the only state that can modify child support so long as a parent or child continues to live in Hawaii.

If everyone leaves Hawaii, then the parent seeking to modify support has to modify support in the responding parent's...
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1 Answer | Asked in Family Law and Child Support for Virginia on
Q: Does my daughters mom have to inform me or the court of a change in circumstances, such as increased pay or no daycare?

My original support amount was $800 when I was making 4350 a month and she made 1160 and had $800 a month in daycare costs. Does she have to update the court of changes/increase in pay or about removing our daughter from day care? I have reason to believe her pay doubled since then and she no... Read more »

Afsana Chowdhury
Afsana Chowdhury answered on Jul 17, 2020

If you suspect that the other parent’s income has increased by at least 25%, you can request a review and adjustment. As for your other question, the court can deviate from the guideline child support amount to factor in the childcare costs of a custodial parent enrolled in an educational program... Read more »

1 Answer | Asked in Divorce and Child Support for Virginia on
Q: My ex and I have 50/50 custody 9 years now. She's never enfotced the CS amount (250)but is now asking for 9 years worh.

Can she ask for this? We've made the same money roughly for 9 years and share every cost 50/50 between our 2 sons. She wants back pay now totaling 40k which I cannot pay.

Michael Christopher Miller
Michael Christopher Miller answered on Jul 16, 2020

The short answer is "yes." Each child support payment ordered by a court becomes a judgment as the payment becomes due and payable. It also carries a 6% judgment rate of interest.

Additionally, if ordered to pay via Depart. of Social Services, and you pay the other parent...
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1 Answer | Asked in Child Support for Virginia on
Q: How can I get arrears cancelled because my child came to live with me?

The child came to live with me in 7th grade and her mother never closed the case and now I'm being charged arrears for a child that I cared for 100% of the time in Virginia. I'm being told only her mother can close the case and the court will not review nor amend the case. Is there... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Jun 16, 2020

There is a series of cases, Riggins, Shoup, and Gallagher, that address changes in child support and the effect when a child changes locations.

1 Answer | Asked in Child Support for Virginia on
Q: Do I have to call Virginia child support to stop payments once the child turns 18 and graduates high school?

Do the payments stop automatically? Will the garnishment stop automatically?

Michael Christopher Miller
Michael Christopher Miller answered on May 19, 2020

Ending child support means a lot more to you than it does Child Support Enforcement. An ounce of prevention is worth a pound of cure.

If you are subject to wage assignment/garnishment, the employer/garnishee minimizes their risk by continuing to take your money.

2 Answers | Asked in Family Law and Child Support for Virginia on
Q: I have a question about jurisdiction/where to seek child support, in Virginia.

My divorce was finalized in the Circuit Court, and I later was awarded sole custody in a suit in JDR, but support was not addressed. Should I also seek child support in JDR? Is support automatically remanded to JDR after a divorce is final?

James H. Wilson Jr.
James H. Wilson Jr. answered on May 19, 2020

Most of the final decrees I have seen now remand all matters concerning child custody, visitation and support to the appropriate Juvenile and Domestic Relations District Court. A parent should check the final decrees and orders in their cases to determine the appropriate court in which to file any... Read more »

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1 Answer | Asked in Child Support for Virginia on
Q: Do I have to pay more child support, if I am getting paid more but less than 25% of what I was making before, in VA?

Currently, paying child support for my two boys. The child support ordered is dated/signed by the Judge August 2019 and my divorced was just signed as well this past month of April 2020...In April 2020, last month, I also changed employers. I got a new job now which I make more annually, but less... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on May 18, 2020

You have to pay the last amount ordered. You continue paying the amount until a new order says otherwise.

If someone wants to change that amount, either reach an agreement with the other parent and submit an new order, or file a petition for the court to modify the amount based upon a...
Read more »

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