From Virginia - A good friend of ours lives on a shoestring. He pays child support monthly, including a small amount toward arrears stemming from a time when he was laid off and unable to find work. He has been put in jail twice for short periods of time. He has serious restrictions on his drivers license. The child's mother seems very vindictive - and has demonstrated she plans to come after him for more money every time she possibly can. He has no degree beyond high school, no fantastic earning potential but is very honest and incredibly hardworking. This man suffers with anxiety and depression because of all the stress weighing on him over this. If friends were to pay off this arrears for him would it then open him up to the daughter's mother coming back for more support?I believe his daughter is 11 or 12 years old so he still has years left to pay. I recall him saying his arrears is something like $7000 or so.
Child support is calculated using the guideline numbers in the Code of Virginia § 20-108.2 and is based on the gross incomes of the parents at the time the support is calculated. There are also some additional items that are taken into account such as payments for child care and health insurance.
The fact that he has paid off his arrears is not one of the reasons to increase the child support amount, because he is really expected to have a zero overdue balance.
Kristina Beavers, Attorney at Law. I cannot give legal advice because there is no attorney-client relationship at this time. All I can provide is general legal information.
In order to modify child support, a change of circumstances needs to have occurred since entry of the last child support order (examples: either parent's employment has changed; the child's needs have changed; significant time has passed since entry of the last order; etc). Full payment of arrears is not a change in circumstances that would warrant a modification.
Though, your friend should really consider speaking with an experienced family law attorney about the specifics of his case.
Nope. The arrears has nothing to do with how much someone is required to play in child support. Your friend is lucky to have your support.
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