Legal Question in Family Law in Virginia

Re: awaiting divorce

The answer to this question is dependent upon your current stage in the divorce process. Has there been a Property Settlement Agreement executed? Has the divorce process been filed? Has a Circuit Court or Juvenile and Domestic Relations Court entered an Order related to child support and the preservation of the marital residence? Clearly if there is an Order in place that requires you to pay child support and the mortgage, your only option may be to request a modification based on changed circumstances. If there are no court Orders in place, you do have a statutory duty to support your family. However, until a Court Orders you to do so it is a personal decision as to what type of support you can reasonably offer.