Legal Question in Family Law in Virginia

Hubby pays $124 per month child support. In December 2006, he began to pay an additional $20 per month toward arrearage. Total paid per month is $144. Arrearage amount was $702. As of November 2009, the arrearage amount was paid in full with $18 surplus for that month. Due to oversight, he kept paying $144 through April 2010. He should have been paying $124 from December 2009 & going forward. Can he adjust the child support payment for May 2010 to reflect the overpayment of $118? In this case, the mother would receive $6 for May. The $6 plus the $118 she received over the last few months will have him current. He'll resume regular payments of $124 in June 2010. The child support he pays is not thru child support enforcement. We mail the child support directly to the mother. We are in VA. Can he adjust child support amount for May to reflect the overpayment? Thanks.


Asked on 5/24/10, 6:58 am

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

If the child support was set by the court, or was set by agreement and affirmed by the court, his overpayments are likely to be considered gifts, and it would be reckless for him to cut the May payment to make up for his overpayment -- unless the mother agrees.

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Answered on 5/25/10, 1:22 pm


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