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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110506
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Child support,. My ex husband owes s first wife 450.00 per

Customer Question

Child support
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Virginia. My ex husband owes his first wife 450.00 per month for back child support he failed to pay before their daughter turned 18.
JA: Have you talked to a lawyer yet?
Customer: When we went to court for child support for our 2 children together, he told the judge he already pays 450 in support and the
JA: Anything else you think the lawyer should know?
Customer: Judge lowered the amount he had to give me. He doesn't pay support for the daughter because she is 18. Later, when I thought about it, I wondered if back child support owed to the other mother should be a consideration when it comes to what he pays to support our children.
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: Meaning-
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes support that is ordered for other children can be a consideration for calculation of child support. So the judge will look at all of the support he is being ordered to pay and MAY consider that when setting the amount for the arrears payment. The court has a bit more discretion in setting arrears than support which is based off the statutory tables, so they can consider the other support payments in determining the amount he can afford in arrears.
Customer: replied 3 months ago.
Im not sure if my question is clear.
His daughter with his first wife is 18 and he no longer pays support for her. He pays his ex 450.00 per month in arrears.He failed to mention to the judge that the amount he owed was an arrearage and I didn't think about not being used to currently support another child, but as a debt owed to his first wife, until afterwards. I'm thinking of appealing, because he doesn't pay "support" but an arrearage and it seems like that arrearage shouldn't be a consideration in the amount he gives for our children.
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your reply.

The judge can adjust arrears though for any other court ordered support paid. Arrears as I said above, would be something a court has more leeway to adjust than they do actual support payments, so you do have grounds to have them consider the fact he is paying other court ordered support in adjusting payments on arrears.

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