I know someone who is dealing with childsupport, what are his rights in the state of va?

Question

the woman he was with cheated on him and 6 years later screwed him with child support, she doesnt take care of the child or live with her, her mother takes care of the kid, Also they won't allow him to see his own child or take the kid anywhere, And is stuck payin like 229 a month for one kid? Is there anythin he can do? or what is his rights?? im tryin to help out a friend? b/c he is so depressed on the whole issue.

Answer 1

To get a precise answer, your friend would need to talk to an attorney. As to the several issues in your question,

First, issues that predate the decree of paternity/dissolution and the current child support order will generally not be considered by a court in any subsequent legal proceeding. Your question seems to indicate that there is a current order. As such, problems from when your friend and his ex were together would no longer be an issue in the case. Those problems should have been raised at the time of the initial decree.

Second, you seem to indicate a problem with custody and visitation. If your friend desires to become the main custodian or have increased visitation, he will need to file a motion to modify. If your friend merely wants to have his current visitation rights enforced, he will need to file a motion to enforce those rights. I don't know the specific Virginia terminology, but many states call such motions, motion for contempt or family access motions.

Third, child support amount is based on the resources of hte party. The current amount does not seem particularly high (and is actually lower than most orders that I see). The support order follows the child. As such, it does not matter for child support that grandmother has become the main custodian. Your friend is, of course, free to seek a modification of support but there is a good chance that the support amount could be increased.

Assuming that your friend's belief that the child no longer lives with its mother is correct, your friend does have options as to custody and visitation. The question is ultimately what remedy he wants for this changed circumstance. The child support is an entirely separate issue. He needs to talk with an attorney before making a decision as to what to do next.

Answer 2

Scott, we appreciate you efforts, but you don't want legal advice from us bozos at Yahoo Answers. Your friend probably needs to take his divorce papers (if they were married) and the child support order or agreement to a local attorney specializing in family law.

Whether the woman cheated is probably not going to enter the equation at all. If she is cashing the child support checks but not raising the child, the court may want to amend the order or otherwise act. If the child's grandmother is raising the child, does your friend want to file for custody? He stands a decent chance of getting it. A parent is generally preferred, assuming there are no negatives involved.

He's not "stuck" paying $229 a month for one kid. That's his child, and without his participation that child would not exist. He owes that child his support in every way, not just money.

Of course, $229 a month is not enough to support that child very well at all, when you think about it.

Answer 3

if he pays he gets to see his child. Get a patermity test if there was cheating....

if he paid and it's not his, he can claim all that money and sue to get it back from mom.