The following form is a Petition that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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What is the statute of limitations on child support in Virginia? The Virginia Supreme Court answered this question in 2011, when it ruled in Adcock v. Department of Social Services that child support obligations are set judgments which are subject to a 20-year statute of limitations.
Under Virginia law, child support arrears, or money that is owed and should have been paid earlier, cannot be waived. The court also cannot modify or lessen the arrears that a parent accrued.
In Virginia, both parents?whether married to one another or not?are obligated to support their children. Child support payments are based on the combined incomes of both parents. This gives the child (or children) the benefit of what the parents could have provided in a single household.
Depending on the situation, a judge may order the noncustodial parent to pay retroactive support. Here's what you need to know: ing to the Virginia Code, the court can also award retroactive child support from the date the petition was filed until a child support order is entered by the court.
There is no statute of limitations on collection of past due support in Virginia.
Modifying Child Support One of the parents must request the change by a formal motion to the court. The court that makes the original child support award has the authority to modify the order if conditions change. Either parent may request the court to change the order throughout the time the child is under 18.
Consult with a Virginia Divorce Attorney Today If you can show that there was a significant change in your circumstances from the time of agreement to now, you may be able to have your agreement modified.
Ask for a support modification You could ask the court to modify the support order if you have proof there have been significant changes that impact your ability to pay support. This includes changes in income, expenses and parenting time. Be sure to report any changes in your income immediately.
