Legal Question in Family Law in Virginia
Stopping child support
My husband pays child support to his ex wife for a child he has not gotten to see in 9 years. a little over a year ago he conntacted her about getting to see the child and she said no and the child was not even his. Is there any way we can have the child support stopped or put on hold until we can find out if the child is his or not.
1 Answer from Attorneys
Re: Stopping child support
Your husband may petition the J&DRDC having jurisdiction over the support matter under Sec. 20-49.3 of the Va. Code and request that a genetic test be ordered to determine the parentage of the child. He must, however, continue to pay his child support until the court relieves him of further obligation to do so. He may also request that the court address the issue of the mother's alleged withholding of visitation.