Legal Question in Family Law in Virginia
agreements
my ex recently sighned a agreement stating that we agreed on a child support amount/visitation. it was aletter i drafted, but we both signed. also it states we agree on this until the kids are of age. now im having to go to court because she wants more child support. is my agreement binding?
1 Answer from Attorneys
Re: agreements
No, the alleged agreement which you've described will not supercede the legal criteria found at Va. Code Sec. 20-108.1 which the court must consider in determining who pays what and for how long and the Child Support Guideline tables located at Va. Code Sec. 20-1-8.2.
The above constitute the applicable statutes
for determining child support in the Commonwealth of Virginia once the issue of child support comes before a court of proper jurisdiction. The private agreement of the parties involved will not take precedence over the state's statutory scheme when it comes to calculating an amount for child support that will then become part of a binding order of the court.
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