Legal Question in Family Law in Virginia

Arrears Child Support

When are support payments considered arrears, can a person go after past support payments without a lawyer? If a person continues over years to make support payments less then those ordered by the court what action can be taken, without a lawyer. Is there a time limit to take these concerns to court?


Asked on 1/24/04, 12:56 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Arrears Child Support

As long as the child support order is still current and in effect, you, the obligee(the one who is owed the support in behalf of the child) are free to pursue whatever arrears may have accrued under this order, no matter how far back. However, if the order is part of a final decree of divorce and

still within the jurisdiction of the circuit court, you will likely need to retain the services of an attorney to get it transferred to the juvenile court where you can file court forms on your own to enforce the arrearges.

Even after the current order becomes inoperative as a matter of law due to the child attaining age 18(or graduating later from high school or college), you can still pursue and enforce arrearages which may have accrued and remain unpaid within a reasonable period of time.

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Answered on 1/24/04, 9:43 am


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