Legal Question in Family Law in Virginia
Child support when the ex-spouse is in prison
When I was divorced, the divorce decree stated child support, distribution of property would be deceided at a later date. My ex-spouse who is in prison and not eliagable for parole until 2017(?) took me to court for distribution of property earlier this year. I have been divorced from her for 7 years and have not done anything about child support. I am the sole custodian of the children. Can I get child support from her and back child support since the date of the divorce?
2 Answers from Attorneys
Re: Child support when the ex-spouse is in prison
You can certainly get an order for child support from her. Whether you can get it retroactive to the date of the distribution order may be problematical, but it's certainly worth asking for.
Re: Child support when the ex-spouse is in prison
Amendment to prior answer: I, somehow, missed the part about your ex-spouse currently being in prison, and therefore, must amend my previous answer. You could only get current support from her if she has income sufficient to have an obligation under the current child support guidelines. And the same would apply to any request for retroactive support, meaning she would've had to have had such an income during the period for which the request is being made.
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