Legal Question in Family Law in Virginia

My e-wife lost her job and filed to raise my child support. It was raised in Febuary 2012. She has since begain working again and my oldest son turned 18 in August 2012. I filed on November 2nd to have my support lowered. We were encouraged to go to mediation but she will not go and my cout date is not until March 5th of 2013. My question is will I get back any money I have over paid her for the 5 months until our court date? I live in Virginia


Asked on 11/30/12, 8:48 am

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

Yes, the court likely will consider awarding you reimbursement/credit

for such overpayments if it finds that your support obligation should

be lowered to accord with the change in case circumstances you've described, and that these same (or very similar) circumstances prevailed in the case for these particular five months, and that the payee bears primary responsibility for the matter being delayed until March of 2013 for a proper disposition.

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Answered on 11/30/12, 9:41 am


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