Virginia Child Support Legal Questions

If you are held in contempt of court for failure to pay child support, the judge has the full range of options for penalizing you, including putting you in jail for up to one year.  However, since that would be for civil contempt, unlike a criminal offense, you can purge the contempt at any time by satisfying the requirements of the court order, that is paying the arrears on the support, and then they would let you go.  You have a legal obligation to support your children.  You have no legal obligation to support your godparents, so while you may want to help them out, you may not be able to, if it means being unable to pay your child support.  Judges do not hesitate to throw people in jail for failing to pay child support, so you should take this very seriously.  If you are choosing to spend your child support money on people other than your children, the judge will probably come down pretty hard on 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

Under Virginia law the duty to pay child support ends upon the emancipation of the child. Emancipation typically occurs when the child turns 18 and graduates high school or receives an equivalnt degree. The court cannot and will not require a parent to pay support - including college tuition - after emancipation unless the child is permanently disabled. However, if the parties agree and sign an agreement regarding paying college tuition then the court will enforce those terms. ... Read More

First of all this answer does not create a lawyer/client relationship.  You husband may most definately take his ex back to court for a modification.  I would suggest that your husband use his former divorce attorney, and go to court to have his child custody support modified.  I practice Family Law in S.C. Regards, Michael Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

NOTE:  The follwing response does not constitue legal advice but is an opinion based solely on what you have written.  You should make an appointment and consult with a lawyer for more specific advice: Your proposal to cure the arrears in your daugther's child support payments will not hurt her in court.  It will cure the arrears and save her from having to defend a motion for contempt and have an order of contempt in her case file that will surely hurt her later on if she is back again for failure to pay support. No Judge will put your daughter in court simply for being in arrears if she is 7 months pregnant; particularly if its a first time in court for this matter and the contempt is not willful but due to a loss of job, pregnancy and inability to find new work. Your daughter does need to retain counsel and file a motion to modify the existing support order.   Note that a motion to modify the existing support order is only retroactive to the date it is filed.  Any prior arrearage vests as a matter of law and can only be forgiven by the Father in this case should he choose to settle. The court speaks through its orders and has no choice but to continue to enforce the existing order until and unless your daughter seeks a modificaiton of the existing child support order.        ... Read More

An order of child support would generally be effective as of the date the petition was filed. The above response has been provided for general guidance on matters of interest only and is not intended as a legal advice. No attorney-client relationship has been created between the reader of this response and The Law Office of Karen M. Holman, PLLC.  ... Read More

In matters involving custody of children, primary consideration is given to their best interests. Between parents, there is no presumption in favor of the mother or the father and the court's decision is rendered in consideration of the factors set forth in Section 16.1-278.15, 20-124.3 in the Code of Virginia. You'll need to petition the court for an order for custody of your son. You'll need to have an address for the father, as he is entitled to notice of the action. A copy of your child's birth certificate is not a prerequisite to filing a petition for custody. However, if the child was born in Virginia, you can apply to the Virginia Department of Health to obtain a copy using an Application for Certification of a Vital Record and ID Requirements - which is available on their website at http://www.vdh.virginia.gov/Vital_Records/documents/appform.doc. The above response has been provided for general guidance on matters of interest only and is not intended as a legal advice. No attorney-client relationship has been created between the reader of this response and The Law Office of Karen M. Holman, PLLC.  ... Read More

If that is his child, that child is entitled to receive financial support from him regardless of whether he wants anything to do with the child or not. The first thing you must do is prove that he is the father. If you file a support petition naming him as the father and he comes to court and denies paternity, the court will likely order DNA testing. If the results indicate that he is the father, the court will make a finding of paternity. Once paternity is established, there is no question that the court will order him to pay support. The only question will be how much. In Virginia, the Courts determine the child's support based on a formula. The calculation includes the incomes of each parent, the cost of daycare, health care, etc. You will be required to reveal your income in open court. Then the court will determine what his support obligation should be. Even if he is unemployed, the court will likely order a minimum of $65.00. There are factors that the court can use to deviate from this figure. Those can be found in Virginia Code Section 20-108.2.... Read More

  Pursuant to §20-124.2.C., of the Code of Virginia, 1950, as amended, "child support shall continue to be paid for a child until the child reaches the age of 18 or for a 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 parent seeking or receiving child support, until the child reaches the age of 19 or graduates from high school, whichever occurs first."      ... Read More