Child support has not been paid for my 16 yo child in about 14 years. Over the years, when I have asked the non-custodial parent, there were many excuses as well as making the child "feel bad". The non-custodial parent has had two children since the 16yo, one of which is provided support through VA Child Support Enforcement. I'm looking for some answers to questions I have in regards to protocol necessary for support to be provided to my child by the non-custodial parent. Thank you, in advance, for your assistance.
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How to get support when it hasn't been paid in over 14 years for a 16yo
- Thread Starter hothill
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Proserpina
Moderator
Is there actually a court order for support for your 16 year old?
If yes, go through CSE to try to collect.
If not, you need to establish an order for support.
If yes, go through CSE to try to collect.
If not, you need to establish an order for support.
Does a payroll deducation order need to be issued first through the court before going to CSE? In the original agreement signed and subsequently incorporated into the final decree of divorce, it states, "Recognizing his obligation to provide support and maintenance for his child and in accordance with the Virginia State Guidelines, the Husband shall pay to the Wife the sum of $xxx per month, for the support and maintenance of their minor child, namely xxx, commencing the first day of xxx, 19xx." Additionally, is my child entitled to any arrears payments for the past 14 years? Thank you, in advance, for your assistance.
Proserpina
Moderator
Okay - so there IS an order for support.
Have you done anything at all during the past 14 years to collect? How far in arrears is the NCP?
There is a reason I'm asking.
Have you done anything at all during the past 14 years to collect? How far in arrears is the NCP?
There is a reason I'm asking.
Child support was paid for about 1 year. Nothing, literally, for the past 14 years has been paid for my child's support. As far as collecting support, I've asked him numerous times over the years, he always says he will. Legally, I have done nothing. Is it too late to do something now? What options are available to me?
Proserpina
Moderator
You can try to get CSE to enforce the order.
The problem is, your state may allow the NCP to use a "laches" (or estoppel) defense because you didn't do anything about it.
In other words, you sat on it for too long.
I do think it would be wise for you to consult an attorney.
The problem is, your state may allow the NCP to use a "laches" (or estoppel) defense because you didn't do anything about it.
In other words, you sat on it for too long.
I do think it would be wise for you to consult an attorney.
Proserpina
Moderator
Oh absolutely! You're absolutely entitled to either refile or open a new case.
However, if he hasn't paid per order for 14 years, the chances of him paying now are slim.
However, if he hasn't paid per order for 14 years, the chances of him paying now are slim.
You mention "the chances of him paying now are slim"...However, if the NCP does pay support for another child through CSE, will they award my child support, as well? Will the support be split between the two children or would there be more of a deducation made to the NCP's salary? I've read about both cases. The NCP's salary range is about 50-60K.
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