Pending a final divorce, the custodial parent may be in immediate need for child support.  As discussed elsewhere on our website, child support can be awarded in connection with a pendente lite hearing, that is, in an interim hearing prior to the final divorce suit hearing.  What happens when the payor does not provide any funds to the custodial parent during the time prior to being ordered to do so?  Generally, Virginia law requires that child support awards be retroactive to the date on which the court action was filed with the court, provided the action (e.g. the divorce)  has not been dismissed. The method and timing of payment of the “arrearage” (e.g. the past due support) is up to the discretion of the Court (e.g. payable immediately in a lump sum, payable over time, or the issues may be reserved in whole os in the part).