Legal Question in Family Law in Virginia

How late is late to pay child support

My husband and I live in MD and we just got a subpoena for child support in VA for a child he doesn't even know is his. The child is 7 Yrs old and the father he knows signed the birth certificate and is now in jail but a year after he was born they got a paternity test for the guy who signed to birth certificate and it was found that the child wasn't his. So now she is going after my husband now if it is found to be his child will he have to pay even though she waited this long knowing that it wasn't the other guys in the first place. And will VA take into consideration that he is paying child support for his two other children.


Asked on 4/25/07, 9:36 am

1 Answer from Attorneys
Carolyn Press Chung & Press. P.C.

Re: How late is late to pay child support

If the child is found to be his, your husband will have to pay child support, but not for the time before the mother filed an action against him. Every state has guidelines for child support based on the incomes of the parents and on any obligations they have for the support of other children, so yes, Virginia will take into consideration your husband's support of his other two children.

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Answered on 4/25/07, 5:49 pm


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