Legal Question in Family Law in Virginia

Child support and health ins

In 2002 I was ordered to pay child suport and provide health insurance for my son. I have always held a steady job until 2007 when I was laid off 3 times between 4/07 and 4/08. Durring this period I spoke with the mother and she agreed that I could pay $100 x2wks v/s 197 x2wks until I was able to secure a decent paying job. At the same time her father took out an insurance policy to cover my son without me knowing (though I was very greatful). At first my ex asked me if I could pay 1/2 of the insurance since the cost of it was 3x the cost of my previous insurance. I was in the 90 day waiting process for insurance at work during this time. 2 month later she advised me I needed to start paying the full amount of the insurance, which I did. In 01/09 she mailed me a letter stating that though she agreed to lower support and work with me in insurance our agreement has ended and she wanted me to pay full insurance and origional child support. So I began doing that and have since. I fell on hard times during those month above mentioned. Now almost a year later she is taking me to court to recover the insurace mony and child support difference. CAn she win this?


Asked on 5/11/09, 11:13 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child support and health ins

Yes, because the agreement with the child's mother was invalid since it could not supercede an existing court order which means that you should have petitioned the court for a reduction or suspension of your support payments rather than attempting to circumvent the court's order by doing this ad hoc agreement with the mother.

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Answered on 5/11/09, 8:52 pm


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