Retroactive Child Support

[Dad_2_4_In_Va]

What is the name of your state (only U.S. law)? Virginia.

I have a question for which I have not been able to find a succinct and complete answer to.

My ex-wife was incarcerated for nearly 3 years and during that time we were divorced. In the divorce decree we agreed to $X/month in support for two children. Before she was incarcerated we signed a notarized form giving temporary custody of both children to her mother and her, now ex, husband. The agreement was that we would mutually agree that she could regain primary custody when she was stable. I never agreed but she regained the children regardless. Her charges have caused her to register for life as a violent sex offender.

Within 6 months of her release she applied, and was granted, TANF. When her 6 months of TANF ran out she filed for child support and won arrears in the case all the way back to the divorce becoming final.

My question is this: how is it possible to be awarded support for children that neither of us had custody? (The custodial paperwork was not filed in J&D) Am I solely responsible for support to the ex mother-in-law? Is it legal for a convict to receive funds retroactively? Is it possible to have the case reviewed and arrears adjusted accordingly? Are there any similar cases that I can cite to bolster my case?

I'm not trying to not pay my support, I just want what's wrong to be corrected.

Thanks in advance.

 

[Just Blue]

What is the name of your state (only U.S. law)? Virginia.

I have a question for which I have not been able to find a succinct and complete answer to.

My ex-wife was incarcerated for nearly 3 years and during that time we were divorced. In the divorce decree we agreed to $X/month in support for two children. Before she was incarcerated we signed a notarized form giving temporary custody of both children to her mother and her, now ex, husband. The agreement was that we would mutually agree that she could regain primary custody when she was stable. I never agreed but she regained the children regardless. Her charges have caused her to register for life as a violent sex offender.

Within 6 months of her release she applied, and was granted, TANF. When her 6 months of TANF ran out she filed for child support and won arrears in the case all the way back to the divorce becoming final.

My question is this: how is it possible to be awarded support for children that neither of us had custody? (The custodial paperwork was not filed in J&D) Am I solely responsible for support to the ex mother-in-law? Is it legal for a convict to receive funds retroactively? Is it possible to have the case reviewed and arrears adjusted accordingly? Are there any similar cases that I can cite to bolster my case?

I'm not trying to not pay my support, I just want what's wrong to be corrected.

Thanks in advance.

I don't understand why you gave custody of your children to their Stepfather and his Mother...Could you clarify?

 

[single317dad]

What is the name of your state (only U.S. law)? Virginia.

I have a question for which I have not been able to find a succinct and complete answer to.

My ex-wife was incarcerated for nearly 3 years and during that time we were divorced. In the divorce decree we agreed to $X/month in support for two children. Before she was incarcerated we signed a notarized form giving temporary custody of both children to her mother and her, now ex, husband. The agreement was that we would mutually agree that she could regain primary custody when she was stable. I never agreed but she regained the children regardless. Her charges have caused her to register for life as a violent sex offender.

Within 6 months of her release she applied, and was granted, TANF. When her 6 months of TANF ran out she filed for child support and won arrears in the case all the way back to the divorce becoming final.

My question is this: how is it possible to be awarded support for children that neither of us had custody? (The custodial paperwork was not filed in J&D) Am I solely responsible for support to the ex mother-in-law? Is it legal for a convict to receive funds retroactively? Is it possible to have the case reviewed and arrears adjusted accordingly? Are there any similar cases that I can cite to bolster my case?

I'm not trying to not pay my support, I just want what's wrong to be corrected.

Thanks in advance.

Any chance there was a court hearing that you didn't show up for? That would explain a lot.