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In Virginia, both parentswhether married to one another or notare obligated to support their children. Child support payments are based on the combined incomes of both parents.The law assumes that the custodial parent already covers many of the costs involved in caring for a child.
Ensure that you physically separate from your significant other. Determine where you are going to file. File the forms and serve the other party. Request and attend a hearing or alternatively file an affidavit. Obtain a final order from the judge.
A non-custodial parent may be able to avoid paying their child support arrearages and/or retroactive child support payments if they are able to obtain a child support waiver. A child support waiver is a court order whose purpose is to relieve the non-custodial parent of having to make back payments.
So if you were ordered to pay child support to benefit your two-year-old, let's say, twenty years later (yes, your child would be 22), if your ex-wife has not pursued you, you can be relieved of the debt under Code of Virginia § 8.01-251: A.
Virginia's laws are so strict that parents cannot even waive or limit a child's right to child support.Child support arrears cannot be waived nor can the Court modify the child support arrears that have already accrued.
Consult a Lawyer. Review Prior Order. Exchange Financial Information. Work Towards an Agreed-Upon Support Amount. Secure a New Court Order, Not Just a Verbal Agreement.
What is the statute of limitations on child support in Virginia?As each payment has a determined due date, the Supreme Court held that Virginia Code 8.01-251 (A) applies a 20-year statute of limitations to each child support payment from the date that each payment is due as expressed by the court order.