Legal Question in Family Law in Virginia

Re: Separation/Child Support/Property Procedure

There is no legal status in Virginia recognized specifically as "legal separation". Separating spouses, however, will often conclude a written agreement between them known as a Property Settlement Agreement(PSA) which settles (or attempts to)all of the important issues in the marriage such as the division of property, custody, support, visitation, as well as a host of lesser important matters. (This PSA can later be filed with the court if one or he other of the spouses subsequently initiates divorce proceedings.)

In terms of your current agreement, your husband has a duty to support his child whether he's in the home or out, and if he now wants to make a monetary payment for such support rather than buy groceries or whatever, that's up to the two of you.