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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9364
Experience:  since 1983
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I have recently been taken to court for almost $11,000 in

Customer Question

I have recently been taken to court for almost $11,000 in child support arrearages. Most of this amount is based on supposed child care that was used and for support, before the child support order was drafted.
I have been paying the amount i was told to pay, every single month, on time since it was ordered.
Dcsc told me that they show zero arrears and that i pay my support like clock work...
How can my daughters mother take me to court years later for supposed arrears???
Submitted: 12 months ago.
Category: Family Law
Expert:  N Cal Attorney replied 12 months ago.

Thank you for your question.

The answer is that she cannot legally do that:

2014---Milot v. Milot, Va. Ct. of Appeals, Published, No. 0937-14-1

"The trial court erred by ordering Father to pay child support retroactive to a date prior to Mother’s motion for child support. Code of Virginia § 20-108.1(B) provides that “[l]iability for child support shall be determined retroactively from the date that the proceeding was commenced by the filing of an action with any court...” For a court to exercise the retroactive authorization provided in Code § 20-108.1(B), there must be, as a condition precedent, an existing and pending cause in a court of competent jurisdiction. Here, pursuant to a motion filed by Mother, the trial court entered a child support order making Father’s child support obligation retroactive to the day immediately following the dismissal of a prior divorce proceeding between the same parties in which the court had awarded Mother pendente lite child support. However, by dismissing the divorce proceeding, the court extinguished all of the pleadings and orders filed therein, including the pendente lite child support order. Thus, when the trial court entered its child support order, no prior final order existed compelling Father to pay child support. Accordingly, although the trial court had authority to order child support retroactive the date of Mother’s motion, it had no authority to order child support retroactive to the date the divorce action was dismissed."


You can get a free consultation from some of the child support attorneys listed by location here.

I hope this information is helpful.