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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118789
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex-husband changed our child support payments in 2009 and

Customer Question

Hi, my ex-husband changed our child support payments in 2009 and it was never revised. However, since that time 2 children have aged out and the amount was reduced with each child. My youngest son is now living with him because his father wants him to play football in another. I WAS/AM AGAINST THIS!! I need a copy of our support because I told him he will continue to pay he said he will give me until January. I am lost!!
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: My apologies. We live in Virginia and the court order was in Fairfax County.
JA: Have you talked to a lawyer yet?
Customer: I spoke informally with one that told me regardless of the "gentleman" agreement we had with the other two the original order was still in place. I am unsure about this situation. I just do not want to be blind sided again. I cannot find my original judgement.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have physical custody of my 16 year old son. He moved him without my consent. That I have not fought because, sadly, he will learn a valuable lesson about his dad. I just need to know, legally, where I stand.
Submitted: 1 month ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 month 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.

Have you gone to the clerk of court's office in Fairfax County, which would be where the child support order would be filed in the court records?

Customer: replied 1 month ago.
No. I was not sure where to start
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply.

The first place to get the current child support order is from the court clerk's office in their court file. The issue is that if he has the child living with him and wanted to change the support payment because of that there had to either be a new written agreement OR he had to file a motion to modify support. If there is neither, then you file a motion for an order to show cause for contempt of court and you would need to go to court to get them to enforce the order. He can then turn around and file a motion to modify based on the child living with him and the court can modify future support, but not retroactive since he never asked before and there was never an agreement to do so.

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