Does my husband need to go to Court to get the child support terminated? Or can he just stop paying it?
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... View More 
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... View More
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... View More
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... View More
The Child Care Expenses are added to my Child Support obligation. Once the DCSE told me that my Child Support will get reduced, once my child reach the age of 13 years olds, because the Child Care Expenses are no longer require in the State of Virginia. Is this correct?
answered on Apr 13, 2020
"F. Any child-care costs incurred on behalf of the child or children due to employment of the custodial parent shall be added to the basic child support obligation. Child-care costs shall not exceed the amount required to provide quality care from a licensed source. When requested by the... View More
requirements to graduate, but won’t get her degree sent to her until June. Can I stop paying automatically or do I have to file with the court?
answered on Apr 13, 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... View More
answered on Mar 23, 2020
The short answer is that your obligation of support continues unchanged.
The prudent course of action is to immediately file a motion/petition to modify support. A court can only retroactively modify support back to the date of filing.
It may take awhile to be heard, but the court... View More
My daughter just turned 18 and recently moved out of her mothers house and asked to live with me. Am i still obligated to pay child support to her mother? If so, what do I need to do to modify support arrangements?
answered on Mar 16, 2020
Your child support order from the court should indicate the cut-off time frame for when you can stop paying child support. If the support order says that you pay until she turns 18, then the obligation has ended. If you find the child support order, and it does not have a limit to your daughter... View More
My husband lawyer contacted me in Feb. about modifying child support because my oldest age out. I sent my financial docs, didn’t hear until today. I was sent a new order with the calculation sheet but no documentation of his financial.
answered on Mar 13, 2020
"Except as provided by § 20-110, no support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification in any court, but only from the date that notice of such petition has been given to the responding... View More
Children. It was taken from his check for 1yr and he hasnt paid any since. 2 of our children are over 18now but he doesn't think he should owe me anything because I didn't take him back to court. Is he right? If I'm owed anything how do I go about collecting?
answered on Feb 21, 2020
No, he is not right.
If you have a recent Virginia order, there should be notices required by 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... View More
Child will be 26 yrs old in Nov 2020 and in the military. There is only $350 left to pay on arrears but $19,000 in interest.
answered on Jan 13, 2020
I regret that I do not handle domestic relations cases. Sorry.
Child turns 18 in may and graduates high school in June
answered on Jan 6, 2020
Not in Virginia. Child support ends in Virginia at age 18, unless the child is in high school. Then, it goes to age 19 or graduation, which first occurs.
Child support can also extend if the child has a disability, or the parents agree to extend child support.
You would still have... View More
They are using that as income to calculate child support. How is that legal? Or should i get a lawyer?
answered on Dec 12, 2019
Va. Code § 20-108.2. Guideline for determination of child support
* * *
C. For purposes of this section, "gross income" means all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends,... View More
The child is no longer In daycare
answered on Dec 6, 2019
One files to modify child support, not to only increase or decrease.
Upon showing a material change of circumstances since the last order, the judge then determines the guideline amount of support under Va. Code 20-108.2. That amount is presumed correct regardless whether it is an increase... View More
I am not clear when the clock started. From what period am I eligible for a possible retroactive credit?
answered on Dec 2, 2019
Va. Code § 20-112. Notice when proceedings reopened.
When the proceedings are reopened to increase, decrease or terminate maintenance and support for a spouse or for a child, or to request additional orders to effectuate previous orders entered pursuant to § 20-107.3, the petitioning... View More
Or whenever she graduates - whichever occurs first. She will be 18 in February but does not graduate until June 2020. Is this actually correct? We have be receiving conflicting information. The way the decree reads the child support and alimony would end when she turns 18 or graduates, whichever... View More
answered on Nov 8, 2019
Va. Code § 20-124.2. Court-ordered custody and visitation arrangements.
. . .
C. The court may order that support be paid for any child of the parties. Upon request of either party, the court may order that such support payments be made to a special needs trust or an ABLE savings... View More
Currently, the interest alone is $15,000, the arrearage amount is $18,000 and is being paid down monthly. Also, I am disabled and wheelchair bound, unable to work do to my injuries and collecting SSD benefits.
answered on Nov 1, 2019
Your support order should have the disclosures required by Va. Code 20-60.3.
There should be a paragraph that says something along the following: "14. Notice that in determination of a support obligation, the support obligation as it becomes due and unpaid creates a judgment by... View More
I conceived in Texas (San Antonio) I lived there for 6 months and bought a home. When the father found out I was pregnant he abandoned/ left me and my baby. I moved to Virginia with my parents. I want to file child support in Texas but the father is fighting this. Texas child support stated I could... View More
answered on Oct 29, 2019
Wherever you file for child support, the case will be heard in a court where the payor resides.
You can file in Va., but Va. DCSE will transfer the case to Texas. Or, you can file directly in Texas.
If the father is subject to Texas jurisdiction, there is nothing to fight.... View More
My daughter's father currently owes $25,000 in back-support for our 16-year old daughter.
Is he required to continue paying on that amount after she turns 18?
answered on Sep 25, 2019
§ 20-60.3. Contents of support orders.
. . .
16. A statement that if any arrearages for child support, including interest or fees, exist at the time the youngest child included in the order emancipates, payments shall continue in the total amount due (current support plus amount... View More
Mother having them and me have to go through unnecessary struggle financially and emotionally.
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?
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.
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