Legal Question in Family Law in Virginia
Visitation/child support
The father of my 2 children and I had a verbal agreement (made 3 yrs. ago) that he would pay $450 dollars per month in support & he would get the children every other weekend. Over a month ago I started a new job & emailed him repeatedly (saved all emails) with the exact costs, etc. & he has never once brought the subject up. This month when he came to pay his support, he cailmed that he ''didn't have his stuff together yet'' & couldn't pay for his 1/2 of daycare expenses. I told him that I would then take him to court, so he witheld the support check. I told him that since he did that then I don't feel comfortable with him taking the 2 kids who we don't have a court order with for the every other weekend visitation. Am I wrong in saying this? The father and I have a history of long, drawn out court hearings on our oldest child, where he had her for visitation one weekend and then didn't return her and took me to court for custody (we only had a verbal agreement up until that point). Should I allow the 2 younger children to go with him? I did however tell him that he was more than welcome to come by and visit with them until I can get matters straight with the court system.
1 Answer from Attorneys
Re: Visitation/child support
The father is entitled to have visitation with all of his children; he's also obligated to pay support for all of his children and in a timely manner. Neither of these should be in any way conditioned upon the other.
Therefore, it would appear that if you and the father cannot work out these issues of the child support(including daycare and insurance expenses)and the visitation, then you should have a judge of the juvenile and domestic relations district court settle these matters for you and as quickly as possible.
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