My ex-wife called Child Support services and told them that she did not want me to pay child support anymore. They sent me a paper saying that I no longer needed to pay. Can she now go back to court to collect child support?
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.
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