Virginia Child Support Questions & Answers

Q: Do you need to file anything with court once child graduates from high school for child support termination?

1 Answer | Asked in Child Support for Virginia on
Answered on Jan 14, 2019
Michael Christopher Miller's answer
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.

Likewise, one might want to obtain a terminating order if there is an income deduction order in play or one had a loan application pending that is conditioned upon the child support obligation.

Q: If I have a Florida child support case and currently live in Virginia where do I petition for an increase?

1 Answer | Asked in Child Support for Virginia on
Answered on Jan 2, 2019
Michael Christopher Miller's answer
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 Florida.

If everyone has moved from Florida, the person seeking to modify the order has to go to where the responding lives. So, if you are in Va. and the other party is not in Florida, you go to...

Q: What are my options? How can I pursue contempt of court for non payment of child support?

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Collections for Virginia on
Answered on Jan 2, 2019
F. Paul Maloof's answer
I do not handle child support matters, such as yours. Sorry.

Q: My support order includes 75% of medical bills. I am getting billed $500 plus a month- it's a struggle. Modification?

1 Answer | Asked in Family Law and Child Support for Virginia on
Answered on Dec 19, 2018
James H. Wilson Jr.'s answer
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 why insurance does not cover such a large amount of out of pocket medical costs, and whether significant medical expense was known when child support was last determined. When child support is...

Q: What is the first step to modifying a current support order?

1 Answer | Asked in Child Support for Virginia on
Answered on Dec 14, 2018
Michael Christopher Miller's answer
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.

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.

1 Answer | Asked in Child Support for Virginia on
Answered on Oct 22, 2018
Sharon R. Moss' answer
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.

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

1 Answer | Asked in Child Support for Virginia on
Answered on Oct 15, 2018
Sharon R. Moss' answer
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.

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

1 Answer | Asked in Child Custody and Child Support for Virginia on
Answered on Oct 11, 2018
Sharon R. Moss' answer
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 otherwise, you are likely responsible for your proportionate share of the unreimbursed medical expenses.

With regard to your move, you can petition the court, however, if it was your decision to...

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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Answered on Sep 14, 2018
Wayne E. Holcomb's answer
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.

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

1 Answer | Asked in Family Law and Child Support for Virginia on
Answered on Aug 24, 2018
Sharon R. Moss' answer
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.

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

1 Answer | Asked in Child Support for Virginia on
Answered on Aug 15, 2018
Michael Christopher Miller's answer
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.

Q: My daughter's father and I had a non-legal agreement that he'd pay $500 (cash) monthly as child support.

1 Answer | Asked in Family Law and Child Support for Virginia on
Answered on Aug 13, 2018
Thomas Woodward Ashton's answer
Every case is different, of course, but typically, if you ask for it the court will order child support retroactively to the date that the petition for support was filed. You should contact an attorney immediately to confirm some important details, including that the correct petition was filed and served on him, and that child support is an issue to be tried at your trial date.

Q: My child graduated high school in June but turns 18 later this year. Am I obligated to pay support through 18 or grad?

1 Answer | Asked in Child Support for Virginia on
Answered on Jul 13, 2018
Michael Christopher Miller's answer
Child support goes until age 18.

However, if the child is still in high school on his or her 18th birthday, then support continues until age 19 or graduation, whichever first occurs.

Q: Child support - which state guidelines are followed when moving?

1 Answer | Asked in Child Support for Virginia on
Answered on Jul 2, 2018
Michael Christopher Miller's answer
A state can only modify the provisions of an order that the state that issued the order can modify. NY cannot modify child support for any age but 21, therefore VA will enforce child support until age 21.

There is no less duration of support option available to the payor.

VA could modify the amount until then as could NY.

Q: Child support questions in Virginia?

1 Answer | Asked in Divorce, Child Custody and Child Support for Virginia on
Answered on Jun 20, 2018
Michael Christopher Miller's answer
Unless the parents agree otherwise, child support ends at age 18 or high school graduation, unless there is some permanent disability.

Often times settlement agreement do have college expense obligations that are separate from child support obligations.

Any financial arrangement after child support ends is between the parent and child as they agree.

Q: Is there any way child support could be extended while my child is in college in Virginia without me agreeing to it?

1 Answer | Asked in Child Support and Family Law for Virginia on
Answered on Jun 18, 2018
Sharon R. Moss' answer
If you are not in arrears on your child support payments, then if the child support order was issued in Virginia, your obligation to pay child support should terminate upon the child turning 18 and having graduated from high school. If there is no agreement otherwise between you and your ex, then your obligation should be over based on the information you have provided. Please speak to an attorney to get more specific advice on your situation.

Q: We divorced in Virginia. We both now live in Maryland. Can she try to get child support adjusted for Maryland laws?

1 Answer | Asked in Child Support for Virginia on
Answered on Jun 7, 2018
Michael Christopher Miller's answer
If you both now have moved from VA to MD, then MD would be the state to modify child support. The VA order will first need to be registered in MD.

MD can modify the amount, but not the duration. Support will end as provided by VA, i.e., 18 or graduation.

Q: Can a parent terminate their parental rights after losing custody in Virginia? Would child support still be obligated..

1 Answer | Asked in Child Custody and Child Support for Virginia on
Answered on Jun 6, 2018
Sharon R. Moss' answer
Did you lose custody or did the state terminate your rights? They are two very different things. If you lost custody, but not parental rights, then child support is still an obligation for the non-custodial parent.

A parent can not voluntarily terminate their rights to a child unless there is someone that wants to adopt the child. Then a parent may sign documentation allowing the other person to adopt the child, in which case the biological parent would no longer be obligated to...

Q: Can we ask for child support for the last nine years?

2 Answers | Asked in Child Support for Virginia on
Answered on Jun 5, 2018
Sharon R. Moss' answer
Unfortunately, if there was no child support order in place and no order or written agreement concerning child support or expenses, there is no authority for the court to grant child support for the last 9 years. With regard to custody, since the child has been with you for the last 9 years, if he is doing well, that would be in your favor. At 16 the court will take into consideration your son's wishes with regard to custody, but it is not the only factor they would consider. Speak to an...

Q: I currently have an interstate child support order through the sate of CO and AZ. Can I get it domesticated to VA?

1 Answer | Asked in Child Support for Virginia on
Answered on Jun 4, 2018
Michael Christopher Miller's answer
Yes, you can register an out of state order in Virginia for enforcement. However, it would appear to do you little good.

If the AZ payor does not pay, it would facilitate payment/collection if the CO order was registered in AZ.

If you registered the CO order in VA, it would aid the payor seeking to reduce support.

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