QUESTION

Can you settle child support in Virginia?

Asked on May 31st, 2014 on Child Support - Virginia
More details to this question:
Can you settle back child support or will the state of Virginia make you pay all of it. I can pay them 50 to 70 cents on the dollar now. I owe them around $7,000.00 back child support.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
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.
Answered on Jun 01st, 2014 at 11:36 PM

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