Legal Question in Family Law in Virginia
Increase in Child Support
I was divorced through Chesterfield Co., Virginia, with child support determined on a then 7-year-old daughter who is now 16, will be 17 in November, a senior in H.S., and driving. I'm self-employed, had to file bankruptcy 2 years ago, and am now a full-time college student, as well as working, to further my education and get a better paying job with benefits (this doesn't help now, though). There has been no raise in my child support since the final decree dated 1997, although we separated in 1994. Upon calling Virginia Circuit Court, they said I should be able to do something through the NC court system. Upon calling the NC court system, they said it had to be done through Virginia. I am at a loss of what to do. I can't even afford senior pictures at the moment, much less an attorney. How can I go about getting an increase in child support, perhaps even retroactive to a certain point? My daughter is working part-time to help with car insurance, but this is still way below the mark. Thanks for your help.
2 Answers from Attorneys
Re: Increase in Child Support
If you cannot return to Virginia to file the motion in the J&DRDC for a review and increase of your support as already suggested by attorney Smith, you might want to contact the state child support enforcement agency in N. Carolina to determine whether they could get your Virginia decree registered in N. Carolina followed by an appropriate motion for a modification of the provision(s) dealing with child support to include the increase in the support which you're seeking.
Re: Increase in Child Support
If the child has lived in NC for more than 6 months, you can have the case transferred from the VA court to NC. Without an attorney it can be time consuming and difficult.
You can file the motion to review the support in the VA court if the case has not been transferred. You can file this motion without an attorney. Judges are very receptive to pro-se litigants attempting to increase child support.
You might consider contacting the Division of Child Support Enforcement. They can take the case for you, but it may be a while before any action is taken.
The best advice that would give the quickest result would be to go the VA JDRDC that has jurisdiction and file a motion to review the prior order.
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