Hello,

My son is now 11years of age. I have been paying child support and daycare. My son has not been in daycare for many years.

My question is, can I receive back payment from my sons mother for the time since he has not been in daycare?

I have not gone back to court to get it my amount reduced or stopped because I wanted to keep the piece.

I live in the state of Va.

If yes, that I can get back payment for this, what is the process to do so and do I need a lawyer to get it adjusted?

Personally I would get an attorney for the support issue, more so if your ex has one, but it's not needed. I have seen many people in JDR courts here without an attorney and they do fine. And JDR is where you would file for support reduction.

That being said... daycare is rolled into the total support in VA(unless your divorce order states otherwise) so I can't see you getting that money back but support can get reduced if the income hasn't changed and the childcare amount is gone. The only way I can see a Judge might think about it would be if you just found out the child hasn't been going to daycare and you took your ex back to court in a timely manner. You could claim fraud.

Just a question… How do you know that your ex is not paying daycare expenses? My kids don't go to the childcare center everyday but I still have to pay for the whole week. Make sure that she isn't paying for childcare. I will tell you that if you go to court and you say that your ex isn't paying childcare and she pulls out receipts and canceled checks to show she is then you will be in a lot of trouble with the judge and might have to pay her attorney fees and such. So make sure that you are correct before filing paperwork.

Note -- in VA you can have work related childcare until the child turns 13.