What happens if my husband stops paying child support?

Full question:

My ex-husband is paying child support to his son (12 year old) regularly. Now we are planning to have a baby, which means our expenses would increase. If my husband refuses to pay child support to his kids, would he be punished? We live in Virginia.

  • Category: Minors
  • Subcategory: Child Support
  • Date:
  • State: Virginia

Answer:

Yes, your husband may face penalties if he stops paying child support, as he is legally required to support his child until the child turns eighteen. If he decides to stop making payments, he could be charged with a misdemeanor under Virginia law. Possible consequences include imprisonment for up to twelve months, a fine of up to five hundred dollars, or a forfeiture of up to one thousand dollars, which may be paid to his ex-wife or the child's guardian (Va. Code Ann. § 20-61).

This law applies to any parent who willfully neglects or refuses to provide support for their child in necessitous circumstances. However, this does not apply if the child is receiving aid under a federal or state program for the disabled.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Virginia, having another child may affect child support obligations, but it does not automatically decrease payments. A parent can request a modification of child support due to a change in circumstances, such as the birth of a new child. The court will consider the financial responsibilities of both parents before making a decision. It's important to follow legal procedures to ensure any changes are recognized by the court. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*