Legal Question in Family Law in Virginia

Child Support For Mother Who Did Not Keep Custody Of Child

My husband and his ex-wife divorced in 1994. He agreed to letting her have full custody of their daughter. In 1997 the mother was planning on joing the military and taking the daughter with her. The only way the mother was in agreement to leave the child here was if the father would sign full custody over the the mothers adopted sister. In the original divorce decree he was ordered to pay child support, which he did. After the custody was transfered he didn't pay the mother any more. He continued to support his daughter by paying tuition for private school, medical expenses, and keeping her on his medical insurance, etc. Now the mother is suing for back child support (from 1994-to present). She still doesn't have custody of the daughter. Is she intitled to child support for a child she didn't even have custody of? I had read in a law book, that if you have a Legal Contract with some one, and you do not pay, that after ten years the party can not collect. Is this the same in a situation like this? The mother has never mentioned any thing about the money until now, nor has she tried to collect through the DCSE. My personal opion is that she just wants the money, for her personal use. Can you help?


Asked on 2/28/06, 4:58 pm

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

Re: Child Support For Mother Who Did Not Keep Custody Of Child

Your personal opinion "that she justs wants the money for her personal use", could be quite correct. However, that in no way absolves the father from his responsiblity for having to pay all of the child suppoort due and owing under the lawful order of the court.

The father's attempt to transfer custody of the child over to some other relative in the absence of a valid court order means nothing. The court which has jurisdiction over this matter will likely uphold all or nearly all of the mother's claim for back child support.

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Answered on 3/01/06, 12:23 am


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