Legal Question in Family Law in Virginia
Child support
My ex-husband has not paid child support for over a year now. My daughter started living with him during this last year? Can I still enforce the court order for child support? I support her directtly - medical,dental ins., clothes, spending, school monies. He was supposed to provide dental/health ins. he does not.
1 Answer from Attorneys
Re: Child support
Yes, you can still enforce the court order for any arrearages which may have accrued prior to your daughter's move to her father's residence and whatever is legally owed since that hasn't been paid. Her father, of course, will attempt to secure an offset for the amounts that you claim
are now owed from the time of your daughter's move.
One of the parties to the support case should've petitioned the court for a modification after it became clear that your daughter's move was more or less permanent. You should ensure that you have careful records of all of the items which you've paid in support of your daughter since her move. Then get the matter back before the court for appropriate action, i.e., enforcement/modification of the current order..