Question – “I have heard that if I have my son less than 40% of the time I may have to pay child support. When we were together she agreed to pay for nearly everything for our son considering my financial situation. In her custody agreement, she is wanting me to pay for past expenses that she willingly paid. Is there any merit to this?”
In Virginia, the court only has the authority to modify child support once a Motion to Amend has been filed and the opposing party has received proper notice of the Motion to Amend. If there is not a current child support order and it is an initial determination of child support, then the court has the authority to order child support commencing from the date the Petition for Child Support is filed. Thus, she cannot seek reimbursement for expenses and/or child support for periods of time prior to her filing a Petition or Motion with the court.