Complex question

[4LilMan]

What is the name of your state? VA
Order was made in Ohio but VA has jurisdiction. I am custodial parent. In the agreement it said that the noncustodial parent wouldn't pay child support for our kids until the noncustodial parent was "financially capable" of doing so. How does the state define "financially capable"? Is a noncustodial parent always capable of supporting their children? There is no illness involved here, no reason why this person can't work except for their own choices not to. Does the state pay it for them if they are unable to? Can I file despite what the agreement says?

 

[Puggers]

Basically the noncustodial parent isn't working because they don't want to pay support. Once they do get a job (if that ever happens) you should get back support. I get paid 17% of my childs fathers income and if he's not working I don't get the money, but it is set that I get the same amount every month so if he makes more or less in a month it stays the same. hope this helps.

 

[4LilMan]

Thank you for your response. But what I want to know is if the agreement states "financially capable"what that term means to the courts or to a judge and even if I can get child support if I ever need help with my kids because of what the court order says.