Legal Question in Family Law in Virginia
I have custody of my daughter and receive child support from her father. Her father states that since he pays child support I must provide money for the time she is with him............ He invited her to go to a fun park and then the day before advised I need to send money for her. I am extremely upset and need to know how to fix this. He says his child support paperwork does not specifically say that he is responsible for her when she is with him. What do I do?
2 Answers from Attorneys
Until there is a change in your current court order which specifically makes
you responsible for paying these kinds of expenses, you should refuse
to pay(in my opinion).
Child support is fixed by agreement or the court, and it does not change when the child goes to the non-custodial parent for the weekend, or even for several weeks during, for example, the summer. If he is exeercising visitation with the child more than 90 days per year the support can be modified to use guidelines based on shared custody; however, when that is done, the resulting support calculations result in a number for support to you that does not change whether the child is with you or with him at any given time.
Short answer, then, he cannot require you to pay him when the child is with him. He has to pay whatever the guidelines dictate, no matter where the child is at the moment.
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