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... Read more »
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...Read more »
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...Read 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.
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,...Read 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... Read more »
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...Read 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... Read more »
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...Read 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
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... Read more »
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 »
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?
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...Read 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... Read more »
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 »
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.
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 »
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 »
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 »
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.
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 »
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.
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.
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 »
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 »
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 »
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.
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