Legal Question in Family Law in Virginia

my child support is payed up , the children grew up at exwifes mothers home while exwife spent 22 years in prison while kids were growing up. do i have grounds to take exwife to court for 50% of the child support i have payed?


Asked on 10/15/09, 2:56 pm

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

How so? The ex-wife could likely claim that she met her share of the support obligation for these children through her long-suffering mother's care for them during the time that she was in the lockup. Furthermore, she could claim that while she was serving her sentence as a guest of the DOC(Department of Corrections)that she had virtually no income and therefore was for all practical purposes exempt from owing any support under the Virginia Child Support Guidelines in effect at that time.

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Answered on 10/20/09, 5:03 pm


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