Legal Question in Family Law in Virginia

I have a court order that states my ex husband has to pay half of our child's private school K-12 tuition. In return I agreed to $200 a month child support which is much lower than the state obligates him to. In the past 6 months he has not paid the $200 a month, and this June is the due date for tuition payment. I am foreseeing every excuse being thrown at me as to why this payment will not be made. The agreement also states that he is responsible for all attorney fees and any other fees associated with my suing him for the payment. My question is, can I request that the child support be recalculated to the state obligation to cover future tuition instead of a secondary payment ? What I did not think about at the time was the tuition payment is not enforceable through any state agency, and child support is. With the attorney fees being his obligation I am ready to sue him the minute he defaults, I can handle missing a few months child support payments (which I will be filing for shortly) but I will not allow him to mess with our child's education.

Asked on 1/04/12, 7:41 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, you can petition the appropriate court for a child

support amount which accords with the Virginia Child Support Guidelines.

Answered on 1/04/12, 8:32 am

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