Legal Question in Family Law in Virginia

Back paying child support

One of my step kids moved back with his mother two months ago. A request for custody change as well as a review of child support was put into the court. My husband and Ex wife decided to go through a mediator instead to get the matter settled quicker. The mediator insists that the any overage of child support should be paid back, all payments go through DCSE, we do not want to change that. Its a lot of money to pay back, and they are wanting it right away. With custody not being changed until now, Im not sure why child support would change until now.

Asked on 3/17/09, 9:51 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Back paying child support

Your question, unfortunately, is somewhat confusing since you failed to make clear who is paying the support(your husband's ex wife apparently) and who is receiving it (your husband, I assume).

Until the current child support order is modified(reduced) because one of the subject children has now gone to live with the obligor(mother), she is required to keep paying what is owed under the current order (which your husband may retain until a judge orders it refunded) irrespective of the fact that one of the children is now living with her and the mediator(not being a judge)very likely has no authority to require anything different (in my opinion).

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Answered on 3/17/09, 10:13 am

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