Child support - should i continue to pay while motion to reduce is pending? What happens if i do not?
Fairfax, VA |
I have had a reduction in income and am filing a motion to reduce child support - can I stop paying once the motion has been served or will the judge hold that against me if i do not wait for the hearing date?
The court order remains in effect until the judge enters a new court order. Filing a motion does not change a court order. If you fail to obey a court order, you can be held in contempt of court anf punished by fine or imprisonmement. Not a good idea.
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My esteemed colleague's answer is absolutely correct. You do not have the right to unilaterally modify child support pending the outcome of your motion. In the event you do violate a support order, you subject yourself to potential contempt proceedings. I will only add that if you are successful in modifying support, you may ask the judge to apply that modification retroactively to the service date.
You should discuss with an attorney in your area your prospects for modifying your support obligations and how to present your case most effectively to the judge.
The foregoing is intended to be general legal information. You should consult with a Virginia attorney to discuss all your options in light of your particular circumstances.