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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116716
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Mother trying to get payment when I'm paying child support

Customer Question

Mother trying to get payment for dental when I'm paying child support and health, dental is cosmetic, state of VA, she now has filed charges against me lied to the court that I am not paying support. What can be done, she lied to the court and dental is not health
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year 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.

She can lie all she wants, but when it comes to court it is up to her to provide proof of what she said and if she cannot provide proof, then the court will dismiss the claims AND you can ask the court for sanctions against her for filing a known false complaint to the court that you are not paying. Also, the VA court child support guidelines state specifically that the court can award vision and dental care as part of any support award, so while you are saying it is cosmetic, the court in VA still has the option of making the parents share and pay the costs of health, dental and vision care as part of a child support award.

Customer: replied 1 year ago.
Under the child support agreement I was ordered to pay support and health not dental, she does not live in VA she moved to NC and I am not getting visitation from my son, Child support services is taking the money from my check I am not behind, she is trying to get more money, what can be done dental was not part of the child support agreement
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

It does not matter where she lives, it matters what the court order state was. If that was VA, while the VA court may not have initially ordered dental, they can modify that order to include dental now at her request if there is a need for dental care. She still cannot lie saying you are not paying when you are paying, but the court can modify the prior child support award if they see it in the best interest of the child.

Your visitation is a completely separate issue from the payments of support, so you need to file a separate motion for an order to show cause for contempt and ask the court to penalize her for denying visitation.

Customer: replied 1 year ago.
what is the code for VA that states order can be modified? what is the code for sanctions in court?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

The VA child support guidelines is § 20-108.2 and it says in there that there can be modifications.

The code for sanctions for filing a false pleading is VA Code 8.01-271.1 relative to signing of pleadings where it states signing a pleading verifies that the information is true and correct.