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Clarification Of Whether Child Support Can Be Terminated Early and Whether Arrears Can Be Forgiven in Virginia
Parents who have children and have gone through the emotionally daunting process of divorce have another equally problematic yet essential legal issue to contend with, child support.
In the state of Virginia, the non-custodial parent has to make child support payments which are calculated by the court taking into account important elements such as the child’s care expenses, the income of the non-custodial parent, and the total number of days the non-custodial parent gets to spend with their kid, among others.
Is It Possible to Have Support Payments Waived?
The Commonwealth of Virginia is a staunch supporter of the best interest of the child, therefore, the possibility of the circuit waiving child support is nonexistent pending extreme cases. In addition, any child support arrears accumulated cannot be waived, as well.
The non-custodial will have to make full payment as soon as they are able. If the parent neglects to make payments, the DCSE has the power to enforce those payments.
Can Child Support Payment Be Waived by Agreeing Parents?
In Virginia, it is not legal for ex-spouses with children to mutually agree to stop child support. They can agree to it, but the deal will not be legally enforceable or binding. In addition, the circuit courts have also made it clear that child support can only be stopped if the courts approve. However, the courts provide the non-custodial parent to be flexible with their payment if the primary spouse agrees to it.
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