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Virginia Child Support Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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. 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 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 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.

1 Answer | Asked in Child Support for Virginia on

Q: VA sent a letter telling me to pay until they are 20 is this legal?

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

Sharon R. Moss 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.

1 Answer | Asked in Child Custody and Child Support for Virginia on

Q: Can the custodial parent demand that I pay half of all kids medical bills if it’s not in the child support order?

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?

Sharon R. Moss 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 stated... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on

Q: Can I file for emergency temporary full custody of my son?

Me my wife and son came to visit her family in Tennessee. While here she confessed she was talking to another man in Alabama. After getting in a argument about it she called this man and got him to pick her up. She left me and my son in Tennessee with her family with no car and barely any money... Read more »

Wayne E. Holcomb answered on Sep 14, 2018

You will need to talk to a North Carolina family law attorney to get this done, and I advise you do that quickly as time often matters in this type of determination. Our best to you.

1 Answer | Asked in Family Law and Child Support for Virginia on

Q: I I'm the Non Custodial parent do I have to go back to court to stop paying child support when my child turns 18

Sharon R. Moss answered on Aug 24, 2018

It depends on what your order says, and if the order was issued in Virginia. If issued in Virginia it will also depend on whether or not your child has graduated from high school or if they are disabled.

1 Answer | Asked in Child Support for Virginia on

Q: Non-Custodial moved to NC and order is in GA. Which state handles 3 year modification calc?

The non-custodial parent has a order in GA that was registered through the state of VA. Now he has moved to NC and it's time for a modification. What state calculation would be used and which court would the order be written in.

Michael Christopher Miller answered on Aug 15, 2018

Once a state issues a custody order, it has sole and exclusive jurisdiction to modify that order so long as a parent or child continue to reside in the state.

When everyone moves from the state, and after 6 months, the jurisdiction to modify moves to where the child resides.

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