Legal Question in Family Law in Virginia

child support, remarried and overseas

My brother married alex, a legal Italian resident, they came to the states, had two kids- legal U.S. residents. They separated, she went back to Italy while he was in jail. Now alex is remarried to another service man and has a child with him, they currently reside in Italy and plan on moving around the Medditeranian area. how does this affect the amount of child support he has to pay her, if any? (He hasn't signed off on legal responsibility for either child and is in the process of paying back child support.) And how does it work for visitation rights? does he have to go back to court? and then who pays for the money it will take to fly them here?

thank you for your time-

annie


Asked on 9/06/05, 6:46 pm

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

Re: child support, remarried and overseas

I would suggest that as long as the mother of the two children is currently residing in Europe and is not asking, apparently, for current support for these children, that your brother continue paying off whatever back child support that he may owe(although it's not clear for which children or child that this is for). If and when he's able to clear these arrearages, he may then want to consider sending a voluntary amount of current support for his children in Europe, keeping careful records of all payment amounts and the dates on which they were sent.(This assumes, of course, that your brother is not under court order to pay current support for his two European charges, although, as previously mentioned, this is not at all clear from your question. Current support obligations must always take precedence over payment on arrearages.)

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Answered on 9/06/05, 10:27 pm


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