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?
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.