Legal Question in Family Law in Virginia
Child Support Increase
I pay support for a 14 year old born out of wed lock. From the start we have had a verbal agreement on support and visitation. I have not raised the payment over the past 2 years but my pay is up 30%.
I plan to increase the monthly amount by giving an allowance to the child.
My question, if we were to go court over support would I be liable for back support due to my pay increase? Does an allowance count towards the support? Thanks.
1 Answer from Attorneys
Re: Child Support Increase
If the mother filed a petition for child support and support was awarded, it could be made retroactive to the date the petition was filed( and became pending)---but would not go back beyond this date. The amount awarded for child support would be payable as one amount to the mother(or whomever is designated the payee). Any allowance which you were paying directly to the child would not normally be countable as the court-ordered amount payable to the mother or the designated payee.
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