Legal Question in Family Law in Virginia

child support

Hi,

4 years ago I lost custody of my daughter and and was ordered to pay child support. I had been making payment for over 6 months and I lost my job due to sept 11. I was working as a travel agent at gound zero and lost my job and the travel industry took a hit. I spoke to the custodial parent and he told me that i did not have to pay him until i got a job. I was unemployed for awhile so I decided to go back to school to get a better job and I also had another child. He knew I wasnt in a position to pay. We have also been tryong to resolve divorce issues and I recently spoke to him saying i wanted to resolve these issues and get divorced. Apparently because I am not giving him what he wants he reported to the child support division and i received a letter saying I owed over $24,000. I was not aware i had to notify the court system of my economic situation, i thought that having an agreement with him was all i needed to do. I dont know what I need to do so i can have that amount reflect the fact that I have made no money and have had to support a disabled child for the past 4 years. I would appreciate any advise.


Asked on 3/30/05, 2:26 pm

2 Answers from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: child support

Im sorry to be the bearer of bad news.

An Order is an Order until it's changed by an Order.

If you needed to change the Order of child support due to a material change of circumstances then the law required you to file a Motion to Amend the prior Order. Since you did not, that Order is in full force and effect and the father can collect on it. You and he do not have the power to agree to privately change it.

The circumstances of your case will probably prevent jail but you do owe the money.

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Answered on 3/30/05, 3:48 pm
Brian Miller Brian M. Miller, Attorney at Law

Re: child support

Well you are in a tough position as you definitely do have to take legal action to relieve yourself of that obligation. Two things you can do: if he takes you to court, you can assert the defense that this was by consent; second, if you are liable, you can try to negotiate the amount to something you can afford. Good luck.

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Answered on 3/30/05, 3:48 pm


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