Legal Question in Family Law in Virginia

Been waiting since March for custody and support

I filed a petition back in March for custody and child support. Our first court date was on May 15. My daughter's father and I were both there, but since we couldn't agree, they gave us another one on July 25 and that's it. Well, I went but my daughter's father didn't show up. He lives in Texas and couldn't make it because of a work related issue. Since he wasn't there, they just gave me another court date. This time it's until November. The only thing they gave me was temporary custody. I was at least hoping some kind of child support order, since I've been struggling this whole time to make ends meet. I'm not sure if I can make it until Novemeber now. Is there anything I can do to speed up the process or request an order for child support? It's going to be 7 months in November since I filed the petition, and he only sends me money whenever he feels like it, which isn't that often.


Asked on 7/26/07, 11:23 am

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

Re: Been waiting since March for custody and support

The Virginia court cannot enter an order for support against your daughter's father unless he's before the court and has provided information regarding his income, assets, and liabilities in order to determine the

appropriate amount of support under the Virginia Child Support Guidelines (See Va. Code Sec. 20-108.2).

However, any order that is entered in November should be retroactive to the month of March when you filed your original petition.

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Answered on 7/26/07, 11:40 am


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