Virginia Child Support Legal Questions

If I understood correctly, the noncustodial parent has his own business and receives SSI but every time you approach child support agencies they close the case? Why are you going through the child support services? Do you have a child support ordered by the court? If its ordered by the court and he is not paying and or you feel he is not paying much because of his business and side income he is not disclosing that you can file for support modification, and subpoena for his financial records. An attorney would know how to go about things. Please contact an attorney directly to see your options. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Support Lawyer in VA.... Read More

You can submit a petition to modify or amend an existing custody/visitation/child support order any time there has been a material change in circumstances since the last valid court order.  Unless there has been an 'emergency' situation, the courts will not usually accept a case until the current order has been in place for at least 6 months. Your real problem here is that nothing has really changed since May of 2017 (which was only 3 months ago at most), and the fact that your child care was not included will not be considered yet.  This is one of the reasons that attorneys can be helpful to people who may not be aware of the consequences of proceeding without an attorney to help them. I don't know if you are using DCSE (Department of Social Services, Division of Child Support Enforcement) to assist you in your child support case, but I often encourage all of my parents to use them.  If you are the paying parent, they keep great records of what was paid and when, so there is no question about whether payments were made on time or not.  If you are the receiving parent, they will see to it that you get the proper amount of support (based on the support order and the actual payments being made by the paying parent).  DCSE will also play the role of 'bad guy' and can and will file a show cause motion and take the paying spouse to court for non-payment.  DCSE also has power as a government agency to have tax refunds diverted to pay for support and to have driver's licenses suspended for non-payment. Medical expenses are considered part of child support and if the order says you are to receive reimbursement for 76% of those expenses, and those expenses have not been paid, you can also file a 'show cause' motion with the court for non-payment.  You will need to prove that the expenses were incurred and that you had notified the other parent and that payment has not been made.  Copies of medical bills and copies of letters mailed to the other parent showing that you provided that parent with the bills and are requesting reimbursement will be very helpful (and possibly necessary).    The letter requesting reimbursement does not need to be long and involved.  Something along the lines of 'Here are copies of the medical bills I have received and paid on behalf of ______ (child's name).  According to our Divorce Decree section ____ you are required to provide reimbursement for these charges within ______ days.  Please provide the payment to me by ____  (usually 30 days from today).' As for the visitation, a court order actually gives a 'right' to visitation, but it is not really a legal requirement.  While the courts really want both parents to be involved in their children's lives, the court cannot force anyone to be a parent or to see their child when scheduled.... Read More

I can not give you specifics on what to say without seeing the actual wording of the order that says that the parents are to notify the courts of any change in income.  This is not something that I normally see in a child support order.  That being said, for the motion for show cause, you would need to quote the actual wording of the existing order and then in the next portion of the motion you would explain why that has been violated.  It would then be up to the court to determine whether or not the other parent is in violation of the order.  However, this would be a only for contempt to obey and order of the court and would not result in a recalculation of the support amount. Your other option is to file for a motion to modify or amend child support.  When the case is heard, the court can recalculate the child support based on the currrent incomes at the time of the hearing.  There can be an award of the modified amount retroactive to the time of the filing of the petition (or the service on the other parent, which is usually within a few days).  However, you can not request a payment for what you belive to be overpayments prior to the filing for the adjustment. I also suggest you look closely at the guideline calculations and perhaps have a consultation with a child support attorney to make sure that you will get the result you anticipate.  I have often had cases where the non-custodial parent was in your situation, and thought that his child support would be reduced when his child's mother got a new job with a raise, but in actuality the child support amount increased.  Remember that child support is based on a percentage of gross income of both parents and sometimes a smaller percentage of a larger number equals a higher child support obligation.... Read More

I'm assuming a Petition has been filed for support and you are waiting for the court date and that you are the responsible party for paying child support. If the custodial parent has filed a Petition for child support, the effective date will be the filing date, not the court date, unless otherwise agreed. So if it's been filed, I would suggest you start paying now to avoid a large arrearage you will owe if nothing has been paid when the Court enters the support Order. It would be advisable to speak with an attorney to determine what likely monthly amount you may be responsible for so you know what to pay.... Read More

I'm not exactly sure what your question is, but I would recommend against accepting that deal, especially since it sounds like you do not think you owe any back child support.  You should be very careful signing any deal about child support or custody, as these can be reversed by the judge, if she or he thinks it is in the child's best interest. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

No.  There is no obligation in Virginia to pay for college expenses for children. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

No, you should not have to pay child support for children who are living in the same home as you.  You need to file a motion with the court to terminate the child support. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

She can refile for child support at any time until the child ages out.  It is a right that belongs to the child, not the mother, and therefore it is not hers to waive.  However, any new support she receives will only be prospective and not retroactive.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Child support is not a right that belongs to the parents, it is a right that belongs to the child and therefore cannot be waived by a parent.  It is not something a person can contract their way out of.  While people may often forgo asking for it in a divorce, they can always come back later and request it.  So basically, the waiver you both signed is legally unenforceable. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

Yes, this should affect the child support calculation and, yes, you will need to petition the court for a modification. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

No.  Unless that person adopted the child, only natural or adopted parents are legal obligated to pay child support.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Until July 1 of this year, the custodial parent was responsible for the first $250 per year per child of unreimbursed medical expenses, with anything above that being divided according to the parties' income.  However, as of this year, the law just changed to remove the first $250 provision and the parties now split ALL unreimbursed medical expenses according their proportion of the total income. It sounds like your court order failed to be clear about this and falls into a gray area, so it depends on when it was entered.  If your court order was entered before July 1, 2014, then the custodial parent should pay the first $250.  If after that date, then the parties divide it.    This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

You need to petition the court to terminate the child support payments.  Then it's very possible that her parents will petition for child support. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

Whoever is the legal custodian of the children can file for child support.  If your mother has custody of them, then she needs to be the one to file the petition.  If you obtain a custody order, then you can file for child support. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

I'm not exactly sure what your legal question is, but I would say file for child support and look for another job, not necessarily in that order. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

Because you have no legal obligation to support your step-children your income cannot be taken into account when calculating child support.  However, your wife may be required to work in order to support her children.  If she is not working, she will have to have a good reason why she is unable to work, otherwise income could be imputed to her.  This means that the court can pretend that she has income for purposes of calculating the support and she will be expected to pay the guideline amount whether she actually has any income or not.  Whether you decide to use your own income to help her meet this obligation is up to you.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

Yes, interest will continue to accrue on back child support until it is paid. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

If the father is voluntarily underemployed, the court can impute income to him as if he were still making the higher salary.  However, if he was laid off his job and shows that he has been trying to obtain a better job without success, it can require hiring a vocational expert to prove that he could be making more money.  However, if he quit his higher paying job or was fired for cause, it should be easier. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

It is possible for the custodial parent to waive all or part of back child support arrears, but the court may or may not approve the agreement.  If the custodial parent does not agree, it is highly unlikely, I would say virtually impossible, that the Division of Child Support Enforcement would reduce the amount owed.  I have never heard of them doing this and I'm not sure it would even be within their authority.  However, even if the custodial parent agrees to waive the arrearage, the judge has the final say because child support is technically a right that belongs to the child, although it flows through the parent to control, and so the parents cannot necessarily contract away the child's rights.  But if both parents agree, the court will almost always go along with that.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Yes, it is a pain, but you pretty much have to keep going back to court to collect on arrears for child support.  I suppose you could try regular collections mechanisms, such as garnishing a bank account, but since you already have wage garnishment set up through DCSE, and the legal remedies are so strong through the court's contempt procedures, this is a much better route.  DCSE can also seize tax refunds, take away his driver's license, and other remedies that are not available to most creditors.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.   ... Read More

If by "eliminate" you husband, you mean have him killed, then the answer is definitely a resounding NO.  Not only is this wrong, but you could go to jail for a long time.  Otherwise, I have no idea what you are talking about. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

If your wife's attorney has asked for a continuance in conjunction with his withdrawal of counsel, then you could object to his being released as her counsel on these grounds.  He should not be allowed to withdraw, if it will prejudice your case.  But if they do not request a continuance, it will not happen automatically and the hearing should go forward as scheduled.  However, since child support orders are typically retroactive to the date of filing and any overpayments by you can be credited, there is really no actual harm to you in the delay.  As for the discovery, if she has failed to respond fully, you may need time to compel the responses, so a continuance could actually benefit you.  If you have already moved to compel the responses and there is a court order for her to respond, as you imply, then she is in contempt of court, as you suggest, and you could proceed to move for discovery sanctions. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

Yes, you can use child support for any necessary living expenses.  The child will benefit from this tangentially.  Once the support is paid, there are no specifications on how it is used. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

Short answer:  No.  Only the parents' income counts for calculation of child support.  That means yours and hers.  Others living in the household, e.g. boyfriends, step-parents, other family members, are not considered in calculating income for child support purposes.  It's nice of him to help provide for your children, but he has no legal obligation to do so.  If the mother has no income because she chooses not to work, then she may be considered voluntarily underemployed.  Unless one or more child is preschool aged or younger, she is expected to work and help contribute to their support.  If she does not, then income could be imputer to her for purposes of calculating the child support.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More