Lynchburg Divorce Lawyers

Open NavigationOpen Search
  • Home
  • Contact
    • Location Map
  • About
    • Attorneys
    • Awards and Recognition
    • Do I need a divorce lawyer?
  • Virginia Divorce Basics
    • Uncontested Divorce
    • Equitable Distribution
    • Spousal Support
    • Child Custody and Visitation
    • Child Support
  • Additional Resources
    • Divorce and Family Law Articles
    • Divorce and Family Law Legal Forms

Retroactive child support decision

January 27, 2015 by Brian Moore 1 Comment

No retroactive child support under pendente lite order if divorce dismissed

The Virginia Court of Appeals headed into the new year with a couple of published family law opinions, which makes me think it may be a big year for family law and divorce appeals.

The first case of interest is Milot v. Milot wherein the Court of Appeals decided that a circuit court, relying on Code § 20-108.1(B), may not order retroactive child support (and arrearage and interest) for the interim period between the date of a Code § 8.01-335(B) dismissal and the date of a request for that support in a newly instituted cause.

The wife filed for divorce in 2002 and obtained a pendente lite child support award. The trial court then remanded the child support matter to the Juvenile and Domestic Relations District Court. No new child support order was entered in the JDR court and the divorce action was dismissed in 2007. In 2012, the wife asked the court to vacate the dismissal of the divorce and to reinstate the pendente lite child support order. This motion was denied and on appeal the Court of Appeals held that the pendente lite order was automatically terminated with dismissal of the divorce.

During this same time period a new divorce action was instituted by the Husband. In that case the Wife sought retroactive child support and arrearages under the terminated pendente lite child support order. Relying primarily on Code 108.1(B), the circuit court held that it had the authority to order retroactive child support. The Court of Appeals disagreed and reversed this decision.

The Court of Appeals explained that there was no court order for child support after the initial divorce suit was dismissed therefore there could be no arrearages. See Smith v. Smith, 4 Va. App. 148, 152, 354 S.E.2d 816, 818 (1987) (“[O]nce an action is dismissed, any pendente lite order in the case should be considered dismissed.”). Thus, the Court of Appeals held that to exercise the retroactive authorization set forth in Code § 20-108.1(B) there must be, as a condition precedent, an existing and pending cause in a court of competent jurisdiction.

Whether a support obligation may be applied retroactively can be a complicated question. If you are facing a child support matter involving retroactive child support it is advisable that you speak with an experienced family law attorney. Please feel free to contact The Moore Law Firm PLLC to discuss any issues related to retroactive child support.

Filed Under: Child Support Tagged: Child support, Family law

Back to top ▴

About Brian Moore

Virginia family and divorce attorney devoted to guiding and protecting families faced with divorce and family law matters. Brian enjoys staying abreast of cutting edge technology, science, and psychology as it relates to the practice of law and leveraging what he learns to deliver value and results to his clients.

Contact The Moore Law PLLC

The Moore Law Firm PLLC
3311 Old Forest Rd, #105
Lynchburg 24501
Phone: (434) 299-0130
Fax: (434) 299-0130

Recent Posts

  • Basic evidence in a child custody case
  • Protecting your children during divorce
  • Spousal support and “manifest injustice” exception: newsworthy divorce appeals
  • How to establish paternity in Virginia
  • Lawyers need to listen more and talk less

Categories

  • Child Custody and Visitation
  • Child Support
  • Divorce Consultation
  • Spousal Support
  • Virginia Divorce Articles

Archives

  • August 2017
  • July 2015
  • May 2015
  • April 2015
  • February 2015
  • January 2015
  • December 2014

Disclaimer:

This website is not intended to constitute legal advice and does not constitute legal advice. By posting and/or maintaining this website and its contents, The Moore Law Firm PLLC does not intend to solicit legal representation business from clients for matters where Virginia law does not apply. Some links within this website may lead to other sites. The Moore Law Firm PLLC does not necessarily sponsor, endorse, or otherwise approve of the materials appearing in such sites. Contacts via email or online submissions do not create a confidential relationship and do not create an attorney-client relationship.

Comments

  1. By dpot decor on December 8, 2018 at 11:05 pm

    Fabulous, what a web site it is! This website provides valuable facts to us, keep it up.

    Reply »

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

The Moore Law Firm PLLC

3311 Old Forest Rd, #105
Lynchburg, Virginia 24501
United States (US)
Phone: (434) 299-0130
Fax: (434) 299-0130
Top 100 Family Law Attorney in Virginia recognition of Brian R. Moore

Avvo Top-Rated Divorce Lawyer

Brian Moore Divorce Attorney
Divorce Lawyers near me
American Society of Legal Advocates Top 40 under 40 Family Law

Contact us online:

[si-contact-form form=’4′]

Article Categories:

  • Child Custody and Visitation
  • Child Support
  • Divorce Consultation
  • Spousal Support
  • Virginia Divorce Articles

Follow Us!

Disclaimer:

This website is not intended to constitute legal advice and does not constitute legal advice. By posting and/or maintaining this website and its contents, The Moore Law Firm PLLC does not intend to solicit legal representation business from clients for matters where Virginia law does not apply. Some links within this website may lead to other sites. The Moore Law Firm PLLC does not necessarily sponsor, endorse, or otherwise approve of the materials appearing in such sites. Contacts via email or online submissions do not create a confidential relationship and do not create an attorney-client relationship.

Divorce & Family Law Attorney Distinctions and Awards:

Divorce and Family Lawyer Award Badges

Set up a divorce consultation:

The Moore Law Firm PLLC
3311 Old Forest Rd, #105
Lynchburg, Virginia 24501
Phone: (434) 299-0130
Fax: (434) 299-0130

Normal Business Hours:

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM
Saturday9:00 AM - 5:00 PM
Sunday9:00 AM - 5:00 PM

Weekends and after hours appointments available on a limited basis.

Copyright © 2023 ·The Moore Law Firm PLLC