Amending A Child Support Order Retroactively

child support orderQuestion:

My ex-spouse was given custody of our three children in 2012, but they have been living with me since August 2014. She signed a letter allowing me to raise them, but has yet to return any of the child support garnished from my wages.

As I am preparing a new custody order in Virginia, my ex-wife is living in a different state. Will I get the support paid returned if I am awarded custody?

Answer:

Virginia Beach divorce attorney Jonah Dickey
Virginia Beach divorce attorney Jonah Dickey

I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws in your state and can only provide you with general information regarding your situation.

In Virginia, a child support order is in full effect until it is amended. The court may amend the order retroactively to the date that the motion to amend was filed with the court. So even if you have the prior orders transferred to Virginia, they can only be amended back to the date that you file for the amendment with the Juvenile & Domestic Relations Court in your city or county.

There may be a procedure in your ex-wife’s state for collecting the support paid after you received the children. I would advise you to contact a licensed attorney in her state to find out if you can collect these funds.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Virginia divorce lawyer Jonah Dickey, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

One comment on “Amending A Child Support Order Retroactively

    my ex lives in Indiana but our child lives with her grandparents in Georgia, I also live in Georgia. Do I still have to pay my ex child support even though she does not have my daughter?

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