Introduction
Virginia law limits the retroactive award of child support to the date a petition is filed, not before. In the recent Court of Appeals decision in Deel v. Schmidt, the court held that a father could not be ordered to pay child support arrears dating back to the date of a private separation agreement, but only from the date the mother formally petitioned for child support.
Background
Bobby Deel and the child’s mother signed a separation agreement in December 2012. The agreement stated that the father would make voluntary child support payments until an official amount was determined, and that the court could later incorporate the agreement. Several years passed without judicial involvement until 2018, when the father filed for custody and the mother filed for child support in Buchanan County Juvenile and Domestic Relations Court. The mother later brought two related complaints in circuit court seeking formal child support and reimbursement for past expenses, claiming the father had failed to pay since the agreement creation. In 2019, the circuit court incorporated the parties agreement into a court order. Following a bench trial, the court ordered the father to pay over $49,000 in child support arrears, $1,384.63 in unreimbursed medical expenses, and nearly $19,000 in attorney’s fees, calculating the arrears from the agreement’s signing in 2012 through the 2018 filing.
Legal Holding
The Court of Appeals affirmed the circuit court’s decision to incorporate the agreement into a court order but reversed the award of retroactive child support, medical arrears, and attorney’s fees predating the mother’s 2018 petition. According to Virginia Code § 20-108.1(B), a trial court cannot order child support arrears prior to the date of the initial filing for support. The court found that the circuit court exceeded its authority by calculating arrears from the date of the agreement rather than the filing date.
The appellate court confirmed that trial courts retain discretion to incorporate private agreements under Virginia Code § 20-109.1. Once incorporated, such agreements carry the full weight of a court order. However, while incorporation is permitted, using such agreements to impose retroactive support obligations prior to a judicial filing violates statutory limits.
The Court emphasized that although the agreement acknowledged voluntary payments and anticipated court approval, this did not authorize courts to bypass Code § 20-108.1(B). Retroactive child support must begin no earlier than the date of a parent’s formal petition to the court.
Smith Strong Can Help
Child support matters involving prior agreements, petitions for arrears, and statutory compliance are complex andinvolve timing matters. The experienced family law attorneys at Smith Strong, PLC can help you understand your rights, avoid costly missteps, and protect your child’s future. Whether you are seeking support or defending against an arrears claim, call our offices at (804) 325-1245 (Richmond) or (757) 941-4298 (Williamsburg) to schedule a consultation.
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