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answered on Jun 3, 2024
To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More 
We separated in December, and signed a property settlement agreement with joint legal custody, her having the kids every other weekend, and we both waived any and all spousal and child support payments. Today I received summonses from the court indicating she has petitioned for custody and... View More
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answered on Mar 22, 2024
For valid agreements involving property distribution and spousal support, the court cannot enter an order inconsistent with those terms of the agreement. The same is not true for custody and child support, which is subject to the best interests of the child. Sometimes parties wish to file for... View More
If I’m ordered to pay 45% of medical bills for child expenses, does dental fall under medical expenses
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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
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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
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?
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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
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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
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.
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... View More
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
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
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
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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
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
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
He doesn't have that much money it was promised to be paid by a mutual friend
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
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.
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
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
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... View More
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
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
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
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... View More
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
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
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?
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
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
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
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.
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
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
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
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