Legal Question in Family Law in Virginia
2 Children, 1 in college, 1 at home, I live out of state
I have been making my child support payments on time every two weeks since the court decreed the $$$ amount. My oldest child (19) has graduated from H.S. and is now in College, but living at home. May end up going back home due to college costs. I am unable to assist in college tuition. He does have a medical dependency Insulin Diabetes. He is self sustaining and not disable in any other way. My youngest (11) still lives with his mother. There is no mentioning of maintaining payments throughout there college years. The $$$ amount is one amount bi-weekly. Not per child.
1)How can and should I proceed with getting my payments reduced to pay for the younger child. Still offer to help with some costs if needed in the future with oldest.
2)I live in another state. Can I have an attorney take care of the matter without actually being present?
1 Answer from Attorneys
Re: 2 Children, 1 in college, 1 at home, I live out of state
A motion would have to be filed in your behalf in the court where the support was originally ordered to now reduce that amount of support for the reasons which you've suggested. (Assuming that a hearing was scheduled on the matter, you would likely have to be present to testify.)