Legal Question in Family Law in Virginia
I live in the state of Tennesse, I pay(paid) child support to my sons mother who lives in Virginia and that is the state where my child support order is through. I have been out of work for years due to being disabled and not being able to work. I was not able to make most of my child support payments but I did however sign up for disability in April of 2011. I got a lawyer and was approved for my disability in January of this year. I have heard talk that if I was disabled, could not work and was represented by a disability lawyer or had a copy of my disability application receipt that it would serve as proof that I was at the time seeking disability benefits and would provide a plausible rationale for my inability to meet my child support obligation. My son will now be drawing off of me and getting back pay as well. Does this mean that I do not have to pay my monthly child support as long as his check off me covers the amount I would have to pay a month? Also since he is getting back pay off me does that mean that I shouldnt or dont have to pay my back child support as long as his back pay is enough to cover what I owe?
2 Answers from Attorneys
Very unlikely on all counts (in my opinion). However, you might want to check with Virginia's DCSE to make sure.
The interplay between child support and disability is complex, and it's a good idea for you to consult a Virginia attorney to sort through your exposure. If I recall correctly, the last case I handled in a similar situation did provide for covering past due payments from the excess payments made to a dependent of someone who is declared disabled, but it's unreliable to depend onmemory without a bit of research and application of the facts of a given situation to that research.
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