Legal Question in Family Law in Virginia

Child Support Payments
I have been paying a set dollar amount for the last 15 years for child support of 1 child. The amount was established via the Fairfax County Family court a little over 10 years ago.

Just recently my ex-wife contacted me and told me that according to Fairfax county law I should have been paying about 2 times what I was ordered to pay. I am not sure where she is getting her information.

My question is, if I have been paying the amount as ordered by the court for the last 10 years, what is the possibility that the court would retroactively change the amount?

To make things even better my son is coming to live with me because of issues in her house. She insists I continue paying child support to her even after he moves in. She also insists on claiming him on her taxes and she insists on retaining sole custody. My son graduates from high school in 5 weeks and turns 18 in 5 months.

So, yes to answer your question, I am still paying child support for someone that lives with me and my ex-wife is threatening to take me back to court to try and get the amount changed retroactively to 10 years ago even though I have paid all monies that were ordered by the court.

Any and all feedback is appreciated.

Asked on 5/08/03, 8:25 pm

2 Answers from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

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Re: Child Support Payments

Child support is set by tables found in the Virginia code; any modification of child support can be made retroactive at the discretion of the court but only to the date of filing. I take it your wife hasn't filed yet. She probably won't, since there's only 5 months left before your son is 18. If she hires an attorney, it would cost her more to get a modification than she would get from an increase in support, and she almost certainly would not get an increase, but would likely lose custody, since your son is or by then would be living with you.

Of course, you could file for sole custody and for elimination of child support, but the cost to you might be more than the support you will pay for the next five months.

Answered on 5/09/03, 5:01 pm

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