How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq. , Attorney at Law
Category: Legal
Satisfied Customers: 16112
Experience:  Experienced Licensed Attorney
Type Your Legal Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

I have no agreed upon nor court ordered (not yet, anyway) child

This answer was rated:

I have no agreed upon nor court ordered (not yet, anyway) child or spousal support that I need to pay, but I want to stay pro-active so that I am seen favorably by the court (and to support my children) when the time comes. Until any support amount is legalized, I have been cautioned to get some form of written acknowledgement or receipt from her that amounts given to her are to be counted toward any court ordered support.

Is this true?.....if I just send her a check, should I write something in the Memo or on the back of the check indicating that cashing the check indicates her acceptance that this is payment for that month's support?.....can I say that by cashing the check indicates her agreement that cashing the check, she is not entitled to any more money for that month?

If I can do the above, what verbiage should I put on the checks?

....I live in Virginia (Loudoun County), if that makes a difference.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Can you please let me know if a petition to establish child support had been filed against you?

Is your name on the birth certificate of your minor child(ren)?

How many children do you have?

Please provide me with more information about the situation.

Customer: replied 3 years ago.

A petition for Separate Maintenance and Child Support has been entered. The children are 8 and 10, and my name is XXXXX XXXXX birth certificates.....according to my lawyer, since we are sharing the children 50/50 (a week at a time), and given our finances, child support would be about $450/month. My lawyer is filing a motion (I forgot the name) to dismiss, since no Grounds for support or separation are identified (not can they be warranted).

Dear XXXXXt,

Are you still legally married to the mother of your children?

Have you consulted with your lawyer about your intention to provide for your children while this matter is pending?
Customer: replied 3 years ago.

yes, still legally married....there has been no petition for Divorce, and in Virginia, you must be separated for 1 year prior to divorce. My lawyer says the court will eventually order me to pay support (in the area of $1500/month for spousal and child), and says if I start paying before being ordered, it would look favorably on me when the time comes for the court to order it.

Customer: replied 3 years ago.

it's been almost 30 minutes since my reply to you.....should I wait for a response, or will it be much longer?

Dear XXXXXt,

Thank you for your follow up.

I would agree with your attorney that making voluntary payments of spousal support and alimony would look favorable and would help your case further down the road when it comes to divorce and child custody.

Unfortunately, while you can make payments that you feel are reasonable and appropriate for the child support / spousal support, before such are ordered by the court, the mother cannot agree to a reduced amount of child support, without the court's approval, so even if the mother signs an agreement that she will accept lesser child support payment, as payment in full, the child support in intended for the minor children, so the court could still order higher amount to be paid by you and can make such child support order retroactive to the date of filing the petition, however as long as you do put in a check's memo "undifferentiated support" any amount paid would be applied to any back owed child support / spousal support.

It would be a good idea if your attorney can reach a written agreement with your wife's attorney for temporary undifferntiated support, while the case is pending.

I wish you the best of luck!
Customer: replied 3 years ago.

perfect....that's exactly what I wanted.


Thanks very much.



Dear XXXXXt,

Thank you and I wish you the best of luck!

Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16112
Experience: Experienced Licensed Attorney
Alex J. Esq. and 18 other Legal Specialists are ready to help you
Dear XXXXXt,

Do you have any related follow up questions?

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Related Legal Questions