North Carolina Child Support Vs. Virginia Child Support

[jilly]

Would someone in Virginia help me with child support in Virginia? I've briefly looked at the Virginia statute regarding how child support is determined, what can be considered and the guidelines. Virginia appears to be similar to North Carolina. (Guess that's why they're UNIFORM Child Support Guidelines huh? LOL)
Here's our situation:
DH has a son from a prior relationship. BioMom has sole custody. Child support order filed in February 2002 in North Carolina. DH carries health insurance on his son and DH recently received new health insurance card. I e-mailed BM for her address so I could mail her the new card. She is now living in a town in Virginia, which is just across the North Carolina border. We don't know if she is still working for the same company in NC or if DH's son is still in daycare in NC. I have seen several people here on this site who don't live in the same State as their child(ren) and seen recommendations that the child support order from State "A" be filed in State "B".  I am assuming it's possible for her to try to file for child support in VA. I'm not sure how likely it is that she will  do this, but I have learned that she'll do anything she can get away with. (Don't they all!) I want to compare the differences (if any) between NC and VA to see if if would benefit us to file the NC CSO in VA and then file for a modification under VA guidelines for a possible reduction.
Any suggestions, comments and/or courses of action are greatly appreciated.

Jill

[VeronicaGia]

//www.supportguidelines.com

It will give you a good idea.....

[MixedBag]

You have a PM

[KAT]

Hi! We live in VA, right across the NC border. Our bio moved to NC, if she thought it was possible to increase support by moving, trust me, she would have!!!! I half expected paperwork from NC after she moved but so far, nothing. Work up both guidelines, but I will say that when I did so, NC turned out to be about 10% higher...that might not be your case however. She will be unable to open a new case with VA, she can file to have VA enforce it, but that's about it. As long as your husband lives in NC, it will remain in NC unless he agrees to have it transfered to VA or otherwise files to have it heard here. The duration of support will remain in NC, which as you know, if the child doesn't graduate, is longer then it is in VA.
KAT

[mom4good]

I have researched this topic heavily. The support order must stay in the state that the obligor resides in. THe cs order travels with your husband, depending on where he lives. Worst state...KY. We lived there and the nc Bm went to court 3 times and was never punished, never paid and owes us $9,000. in arrears. She now lives in nc...they're not quite as accomodating to her deadbeat ways. The only order that would be handled in the state that you ss lives in is custody, per the ucceja.
good luck.

ps...it doesn't matter where the bm works..only their mailing address. The only thing that Va can do is mail the checks directly to Bm. NC will handle any inforcement issues.

[jilly]

Thanks for your replies everyone.   I'll let DH know that we should keep child support order here, but I'll at least do some research on VA just in case.  Since she's living in VA, I can only assume that NC will mail the checks to her. Of course, I'm assuming they have her new address! LOL
Better stop all this assuming...cause ya'll know what happens when you assume!  I am curious about the difference between NC and VA as far as how long the order lasts. In NC it's as long as the child is in school or until the child graduates, unless there's some type of physical disability that would require child support to be paid for a longer timeframe.
Again, thanks to everyone who responded!

Happy Holidays!!

Jill

[MKx2]

Virginia Child Support Guidelines contained in § 20-108.2 of the 1950 Virginia Code:

"Support will continue for any child that is a full-time high school student, not self-supporting, and living in the home of the parent, [em]until the child reaches the age of nineteen (19) or graduates from high school, whichever comes first.[/em] Support terminates when the child turns 18 if the child is not in high school."

I do not know the legalities of changing the age/time frame of emancipation if the state of jurisdiction is changed ... it's possible that VA could recognize  the "still in school" portion of the original court order.

The only special circumstance by which a parent is required to pay CS beyond the above guidelines is for a handicapped (their words, not mine) child.

HTH

[KAT]

Duration of support will always be held by the original state, it can not be modified or moved. In NC termination of support at 18, or through secondary school or age 20, whichever comes first. VA is to 18,  until graduation or 19, whichever comes first. Both of DH's have dropped out since moving to NC where you can do so at 16. In VA, school is mandatory until 18, bio didn't want to bothered. They both have 9th grade educations, nice huh? Oh and both states do not provide for education/support past high school unless there is an agreement otherwise.
Don't you worry Jill. I'm sure the first place she notified was child support enforcement of her new location.  You know, she's probably in contempt for not giving your husband and the courts 30 days notice prior to her move..... Have did she expect visitation to continue if you guys didn't have an address?...or are you just a wallet like a few of us on here?
Good Luck!
KAT