In the case of In re Marriage of Popa and Garcia, the Illinois Appellate Court, First District, Sixth Division, ruled that a custodial parent's violation of the terms of a custody and visitation order does not excuse the non-custodial parent from paying child support.  But, active and extreme interference with the noncustodial parent's relationship with the children by the custodial parent may establish a substantial change in circumstance that warrants modification of the noncustodial parent's child support obligation. 

-Rob Hagy, Charlottesville Custody and Visitation and Child Support Lawyer.  For help with your questions about child support or custody and visitation, please contact me at (434)293-4562 or email me at [email protected].  

Read this article on my Charlottesville Divorce Lawyer blog to see how futile a Texas father's efforts were and what the results were in his case.  He could have avoided this request by just making a little more effort and taking a few more steps, but he was far too trusting of his wife's attorney how failed to complete the work that needed to be done.

In the case of Bokassa v. Bokassa, the Virginia Court of Appeals, in an unpublished opinion, ruled that the trial court did not err when it ordered father to pay mother $1,000.00 in child support.  Mother and father never married, have two children, and share physical custody of the children. Mother filed a request for child support. The juvenile and domestic relations district court entered an order requiring father to pay mother child support, and father appealed to the circuit court. On November 19, 2012, the circuit court held a hearing on the matter. According to the written statement of facts, mother testified she was not employed and received $1,000 per month in child support from father. According to the written statement of facts, the circuit court determined father’s gross income, gave father credit for support payments for a child from another relationship, and gave father credit for the health insurance he pays for the children.According to the final order, the circuit court considered all the factors in Code § 20-108.2(D) and deviated from the shared custody guidelines due to mother’s “poverty level.” The circuit court ordered father to pay “only” $1,000 per month because that was the amount mother requested.  Based upon a review of the circumstances in this case, the circuit court did not abuse its discretion in deviating from the shared custody guidelines in determining the amount of child support and in ordering father to pay mother $1,000 per month in child support.

-Rob Hagy, Charlottesville Child Support Lawyer. For help with your child support questions, please contact me at (434)293-4562 or email me at [email protected] for assistance.

I spent yesterday attending the Virginia Trial Lawyer Association's 2013 Family Law Seminar titled "Everything You Wanted to Know About Child and Spousal Support".  I learned a lot that I'm eager to share with my clients!

-Rob Hagy, Charlottesville Divorce Lawyer.  For help with your child and spousal support needs, please contact me at (434)293-4562 or email me at [email protected].