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Virginia Child Support Questions & Answers
1 Answer | Asked in Health Care Law, Child Support and Family Law for Virginia on
Q: Is dental care fall under medical expenses to pay for non custodial parents

If I’m ordered to pay 45% of medical bills for child expenses, does dental fall under medical expenses

T. Augustus Claus
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answered on Dec 28, 2023

In the context of child support orders, the inclusion of dental care expenses can vary based on the specific language of the court order or agreement. While medical expenses often include doctor visits, prescriptions, and other health-related costs, dental care is sometimes explicitly mentioned,... View More

1 Answer | Asked in Family Law and Child Support for Virginia on
Q: In Va what does code 18.2 456 (a)(6) mean? Is it a summons or do they put a warrant out for you?
T. Augustus Claus
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answered on Aug 17, 2023

In Virginia, the legal code 18.2-456(a)(6) relates to obstructing justice by providing false identification to law enforcement officers with the intent to deceive. It's a Class 1 misdemeanor. Depending on the seriousness of the situation, law enforcement may issue a summons or a warrant for... View More

1 Answer | Asked in Family Law and Child Support for Virginia on
Q: My son's father still owes about $14,000 ( mostly interest ) in child support arrears. Our son is 20.

He is now claiming medical issues and has petitioned the court for modification. Although he is employed with a 1099 position.

Can he actually be forgiven of his arrears?

T. Augustus Claus
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answered on Aug 3, 2023

In Virginia, child support arrears typically continue to be owed until they are paid off in full, even after the child reaches the age of majority (usually 18). Interest may continue to accrue on unpaid arrears as well. The court may order modifications to child support orders based on substantial... View More

1 Answer | Asked in Family Law, Child Support and Social Security for Virginia on
Q: I have a stepson whose father pays no child support because he is on ssi. is the child entitled to some of that ssi?
James L. Arrasmith
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answered on May 2, 2023

If the father of the stepson is receiving Supplemental Security Income (SSI) from the Social Security Administration (SSA), it is unlikely that the stepson would be entitled to any of that money directly. SSI is a needs-based program that provides cash assistance to people who are aged, blind, or... View More

1 Answer | Asked in Family Law and Child Support for Virginia on
Q: Can Virginia make you pay child support for a child over 18 if they have disability?

My fiancees son never received disability as a child and applied on his own and got it and is his own guardian and moved out of his mother's house and they still want him to pay her child support.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Nov 20, 2022

Under Virginia Code Section 16.1-278.15, child support may be ordered to continue for an adult child in the following circumstances:

"...The court may also order that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or...
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1 Answer | Asked in Criminal Law, Civil Rights, Child Support and Family Law for Virginia on
Q: I am needing a strong minded person that can handle this challenge. I have paid my dues and document document document

The Commonwealth of Virginia's data system in the criminal child support and social service system has and is continuously causing havoc chaos nightmare in a loop please help I have documentation that shows my proof

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. It looks like you're seeking an attorney. It could be difficult for attorneys on this site to contact you - the format here isn't set up like a referral service - it's basically limited to Q & A.... View More

1 Answer | Asked in Family Law, Immigration Law, Personal Injury and Child Support for Virginia on
Q: Help:Request for my wife separation results immigration status and separation my son i want to stay with my son in USA

Hello

Because of my wife disloyal and separation which impacted my personal health, mental loss, financial loss, separation from son, insult,harassment,visa loss, financial loss to 25 lakh, medical expenses spent close 3 lakhs, bad name in my previous company, begged for money , begged for... View More

James L. Arrasmith
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answered on Feb 26, 2023

I'm sorry to hear about your situation. It is important that you seek legal advice from a qualified immigration attorney who can provide you with guidance on your options. They will be able to evaluate your case and provide you with advice on how to proceed. You may also want to consider... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Virginia on
Q: This past June my daughter turned 18 here in the state of Virginia. She graduated from High School in May.

This past June my daughter turned 18 here in the state of Virginia. She graduated from High School in May. She moves into her apartment next month (Sept). I am veteran and my daughter will be going to school on my GI Bill and Virginia disability Dependent College program. Her mother has... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 15, 2022

Child support in Virginia can only be awarded retroactively to the date that the petition was filed in the case of an original determination, or when motion to modify was filed and served on the payer parent in the case of an attempt to change support. The fact that a parent earned more during a... View More

1 Answer | Asked in Child Support for Virginia on
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

Miles Derek Franklin
Miles Derek Franklin
answered on Aug 3, 2022

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... View More

1 Answer | Asked in Child Support for Virginia on
Q: Am I obligated to pay medical bill for child if I’m the non custodial parent without a child support order?

I was recently the physical custodian. Son decided to move with dad. Dad has never carried insurance or paid any medical bills in the past. The current bill is the dads girl friends name. And she keeps asking for the money and threatening court.

Sonja Aoun
Sonja Aoun
answered on Jan 4, 2022

Generally speaking, if there is no order requiring you to pay for the health care costs, then there is no obligation to do so. If the child's father seeks court assistance, he could get an order that requires payment of health care costs that are not reimbursed by an insurance plan. However,... View More

1 Answer | Asked in Child Support and Family Law for Virginia on
Q: Can I make my sons father pay 10 years of back child support?

I have a court ordered child support order which has been in effect since my son was 1 years old. His father abandoned him after losing the case and tired to jump back into his life at the age of 11. He claimed he would help out. Last year I put the 10 year old chip support order into action with... View More

Sonja Aoun
Sonja Aoun
answered on Dec 17, 2021

It sounds like you should be able to enforce the original order and sue for the full amount of child support owed. If the court has not made any changes to the original order, then he will have to pay.

In order to fully answer your question, an attorney would need the specific details of...
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1 Answer | Asked in Child Support, Divorce and Family Law for Virginia on
Q: Can child support be decided upon outside of court in VA?

My wife and I are getting a divorce in VA, we have 2 kids, and we are both very high income earners. This is amicable, there's no fighting or hostility. We have agreed to joint custody. We both would like to have an agreement to split all costs 50/50, verses a set amount of child support. We... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Nov 19, 2021

Spouses can enter into enforceable written marital agreements in Virginia, also known as separation agreements, property settlement agreements, and agreements and stipulations when they address the incidents of separation and divorce. Ultimately, the parties cannot bind a judge by contract on the... View More

1 Answer | Asked in Child Support for Virginia on
Q: My son’s mother has a child support order established in Brooklyn. She just moved to NC. I live in VA. How do we move it

I want the order moved to NC or VA. I also just lost my job and plan to put a stop order on the order until I find a new job. I always pay my child support, however I think my new job will be less money and would like a modification. Will they base the number on NY or will they base it on NC or VA

Michael Christopher Miller
Michael Christopher Miller
answered on Jun 3, 2021

When a court issues a child support order, that court has exclusive continuing jurisdiction to modify that order so long as someone continues to live in the state.

Unlike custody that follows the child, the new jurisdiction to modify support cannot be determined until someone wants to...
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1 Answer | Asked in Child Support for Virginia on
Q: I live in Virginia. Can the interest be waived on child support in arrears by the custodial parent? My kids are over 18

When one of my sons turned 15 he lived with me and my other son lived with my ex. We went to court an agreed that she would take care of one son and I would the other. Current child support would end then. I would just have to pay what was in arrears. I believe that child support was still charging... View More

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

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

1 Answer | Asked in Child Support for Virginia on
Q: I owe over 14,000 in child support arrears and our kids are all over 19. Can i get it reduced or waived?

Most of the arrears that i owe is because i was out of work because i could not afford to work. The first couple of years that i paid child support my bring home checks after taxes and child support was deducted i only brought home $0.14 a week. Is there anything i can do?

Sonja Aoun
Sonja Aoun
answered on Apr 23, 2021

A court cannot grant you relief from an arrearage in child support. It is very important to make sure you making at least some contribution to the debt so you are not held in contempt of court. If your wages are being garnished, there are limits to the amount that can be withheld by law. An... View More

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... View 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... View 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.
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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... View 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... View More

James H. Wilson Jr.
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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... View 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.

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