Legal Question in Family Law in Virginia
Back child support
I am 33 years old, I got a girl pregnant when I was 19 she is just now filing for child support, will I be obligated to pay for the last 13 years of this child's life? I live in Chesterfiled ,VA - The child also lives in Chesterfiled ,VA - I did not even know I was a dad till I got a phone call from a local child enforcement agency.
2 Answers from Attorneys
Re: Back child support
No, you will not owe for past support, but once paternity is legally established and an order for child support entered either by DCSE or a court of proper jurisdiction, you will owe support from the first due date thereafter and all arrearages which may accrue from then on for any payments which you fail to make.
Re: Back child support
Section 20-49.8(A) of the Code of Virginia also specifies that a judgment or order establishing parentage of a particular child may also include a reasonable apportionment of the expenses incurred in supporting the child since the time that the petition was filed. That means that in your case you would be expected to pay this "reasonable apportionment" (if such is made)to the mother of your child in addition to the regular child support that will also be ordered.