QUESTION

will my paying my daughters child support for her son to his father hurt her in court?

Asked on Jan 21st, 2013 on Child Support - Virginia
More details to this question:
my daughter has been unemployed since June of 2012 and has since been unable to find a job...her ex husband was granted child support payments of $479 per month with the first payment beginning in Sept 2012..one payment has been paid by myself (the grandmother)...the ex son in law is taking my daugher to court on March 3rd for back child support...I am thinking of going to get a bank loan to pay off the child support and put up to date until March 3rd...I can't let my daughter go to jail...she is 7 months pregnant as well. will it hurt my daugther in any way if I pay this support ?...what will the courts do in March since she is unable to obtain employment ?...will the payments be reduced ?
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1 ANSWER

Family Law Attorney serving Vienna, VA at Offit Kurman
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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.        
Answered on Jan 22nd, 2013 at 9:46 AM

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