Legal Question in Family Law in Virginia
Child support modification
My ex wife has custody of our 14 yr old. Because her and the child continue to argue she has asked me to let him live with me. He has been with me for 2 months only seeing his mother 1 weekend, however, I have continued to pay her child support.
When I ask her to allow me to stop paying support (through courts) she says that she will take him back to make me continue paying. How long should I keep him before going to the courts to seek a modification of support? I don't want her to pay me, I just want to stop paying her since he now lives with me. Is there a reasonable amount of time that he should live with me before going to court?
1 Answer from Attorneys
Re: Child support modification
If you are not paying support based upon a change of custody arrangement, you need to seek a modification of the support/custody order based upon the change of circumstances. Failing to do so, gives rise to the obligation to pay support under the original order, and will accumulate arrears to the extent that you fail to do so.
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