Legal Question in Family Law in Virginia
Mother of Child issues
My boyfriend has an 8-month old child with a woman he dated for 2 weeks last year.
She's insisted that since I'm the ''reason'' that he and she aren't a family, that I should be paying child support as well. The reason is truly that she makes him crazy with her constant accusations, lies and threats.
My boyfriend and I moved to Tennessee. She and he had an out of court agreement for child support and visitation. She has not yet allowed my boyfriend to see his daughter. As a result, he's ceased sending her money. She constantly tells him that she's living in all different states, and the one time he did offer to send money, she wouldn't give up her address.
She somehow got hold of my address in TN (my boyfriend and I live apart) and sent certified mail in an attempt to get court-ordered child support. Before I'd even seen the notice, she sent me an email saying ''forget about the court stuff.'' Since she made it clear, in writing, that she was going to drop it, I had the mail returned to sender.
Nothing has been court ordered as of yet. Can I be called into court or punished in any way for returning the mail, even after she said not to worry about it? What happens if she sends mail for my boyfriend to my apartment again?
2 Answers from Attorneys
Re: Mother of Child issues
No, you cannot "be called into court or punished" in any manner(irrespective of what the mother may have said or claimed) for a child support matter with which you legally have no connection.
Re: Mother of Child issues
Child support is only collectable from one who has custody of a child from the natural parents.
If you have been served with a subpoena you must obey it. If your boyfriend was served at your residence, where he does not live, then it isn't good service. Receiving something in the mail isn't service. Service must be made by the sherriff or a process server directly to you.
Any out of court agreement acts just like a contract, but it's not a court order that can be enforced.
I must warn once there is court ordered support, whether he enjoys visitation or not is irrelevant. One is not tied to the other. He should obtain at that point a court order for visitaion which he can enforce the same way she can enforce her support order.
Good luck.
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