Legal Question in Family Law in Virginia

I lost my job from no fault of my own, and made my child support payments on time until then. I get taken to court because the mother wants more money. I am now 6,000 behind on support and am making payments now because I just got a job making $10 an hour. She is making at least $20 an hour if not more. The back child support (only was 8 months not payed) included daycare costs but my 2 children havn't been going to a daycare in the last two years. If I present my case to change the amount of child support I pay a month, could I ask the court to take into consideration the 2 years payed that included daycare costs, subtract the difference of what I should have been paying without daycare cost, and use the difference of the over payment to go against the back child support, or would she be liable to pay the over payment back to me?


Asked on 6/01/12, 5:18 pm

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

The answer would most likely be that the court would deny your request for a retroactive adjustment to your accumulated arrearages under the circumstances you've proposed (in my opinion).

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Answered on 6/02/12, 6:26 am


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