Legal Question in Family Law in Virginia
Child Care Question
In my Marital Settlement Agreement that was incorporated into my divorce states:
''The issue of child support has already been established as follows: NCP is ordered to pay child support in the monthly amount
of $788.00 per month and an additional $232.00 per month for child care for the benefit of the parties minor children as set forth in the order issued by the Family Court of the State of New York: Docket number F0231300''
When we had the order transfered from New York to Virginia since
no one lived in NY anymore they set up my order and is only enforcing the $788.00. VADCSE sent a letter to me later stating:
''According to the attached order you are responsible for the child
care in the amount of $232.00 which is not enforcable by this agency''
So I am sending the custodial parent the child care expenses
directly. I don't want to send her the money-I am going to start paying the school directly. Which I found out the child care expenses are now $115 because my oldest is not in elementary school anymore.
Would I get in trouble for not paying the amount stated in the papers? Even though the child care is less?
2 Answers from Attorneys
Re: Child Care Question
Yes, you could if the order stated $232.00 without any conditions for reduction and you decided on your own to pay less.
Re: Child Care Question
You should not pay an amount different from that stated in the court order without going to court and seeking a reduction of the amount. To do so you would have to establish that there was a substantial change of circumstances from the time the first order was entered, and, that it is in the best interest of the child to do so.
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