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Virginia Child Support Questions & Answers
1 Answer | 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.

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...
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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 »

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Landlord - Tenant for Virginia on
Q: I currently rent a house with my boyfriend, things are not working out and we are now on a month to month lease.

The landlord is on my side, but how do I legally get him to move out, since he won’t leave on his own. We also have an almost 2 yr old daughter and I want to have full custody of her. He is a convicted felon x2 and on probation.

F. Paul Maloof
F. Paul Maloof answered on May 16, 2020

I regret that I do not handle domestic relations or child custody matters. Sorry. If you and the faster of the child are both on the lease, the landlord will have to proceed in Court to ask the Court enter an order for possession against him. You need to work with the landlord on that issue. It... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for Virginia on
Q: Is the non custodial parent responsible for continuing child support after high school?

Divorce agreement aligned with VA child support law, in which child support ends at 19 or completion of high school which ever comes first. Child graduates this May and the custodial parent is expecting continued child support through college. Can I end child support, and am I responsible to pay... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on May 13, 2020

A parent has a legal obligation to support his or her minor children until age 18, or until 19 if the child is still living in the home of the custodial parent and has not yet graduated high school. A parent has no legal obligation to support an adult child above age 18 or 19 unless he or she... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Virginia on
Q: Was there a separate child support calculation worksheet for sole custody vs. joint custody in Virginia in 2008?
Michael Christopher Miller
Michael Christopher Miller answered on May 8, 2020

The different worksheets would have been (i) sole/joint and (ii) shared. There could also be split where some children reside with one parent, and the rest with the other parent.

If both parents have custody more than 90 days, then the shared worksheet is used.

Otherwise, use the...
Read more »

1 Answer | Asked in Child Support for Virginia on
Q: We have a child support modification hearing in July 2020. Father complains this entire time that he shouldn't have to

Pay support. I have sole physically custody. He has been paying 216.00 but his income increased by 25% and our son's needs are greater since he is older. I filed a petition and he turned around and wrote an opposition saying I hold a nail technician license and could be making more money, but... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on May 5, 2020

The judge has to determine the guideline amount of child support per Va. Code 20-108.2. That is using incomes, daycare costs, health insurance, etc. as they presently are, i.e., the court initially takes you as they find you.

The guideline amount is presumed correct, by statute.

If...
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2 Answers | Asked in Family Law and Child Support for Virginia on
Q: My stepson is 18 and due to COVID, he graduated from high school on May 1st.

Does my husband need to go to Court to get the child support terminated? Or can he just stop paying it?

Michael Christopher Miller
Michael Christopher Miller answered on May 4, 2020

The best practice would be to submit an agreed order to the court noting that both parties agree that the support obligation has expired.

However, given the times and the court closures, simply stopping payment could work as well.

The issue is that the other side, if they are...
Read more »

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1 Answer | Asked in Child Support for Virginia on
Q: Can I include a step-child in the calculation, if my wife and I have sole custody and my wife is a full-time student?

I have a question about the recalculating child support in Virginia. I have an existing child support order from 2016 for a child with my ex-wife. For material change in circumstances, my ex-wife’s income has stayed relatively the same, but my salary has almost doubled. Since then, my ex-wife... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Apr 27, 2020

The short answer is no for the stepchild, yes for the new bio child.

From Va. Code 20-108.2(C):

"Where there is an existing court or administrative order or written agreement relating to the child or children of a party to the proceeding, who are not the child or children who...
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1 Answer | Asked in Child Support for Virginia on
Q: In Virginia can you get interest lowered on back child support still being paid after child turned 18?Does it ever stop?
Michael Christopher Miller
Michael Christopher Miller answered on Apr 27, 2020

"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 § 6.2-302 unless... Read more »

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