In a pivotal discussion during the Virginia Supreme Court hearing on February 1, 2025, the case of Schmidt, et al. v. Deel highlighted significant issues surrounding child support agreements and enforcement. Central to the debate was whether a mother could retroactively claim child support after a seven-year gap since the initial agreement, which had not been formally ordered until 2019.
The court examined the implications of the "Goodpasture" precedent, which suggests that a party's delay in enforcing child support does not necessarily bar future claims. However, the defense argued that the mother had not acted to enforce her rights during this period, raising questions about the validity of her claims after so much time had passed.
Key points of contention included whether the father had indeed paid child support during the seven years and if the mother's withholding of visitation rights affected the case. The trial court had ruled that the father did not pay child support during this time, a decision that the defense contested, asserting that evidence could demonstrate otherwise.
The discussion also touched on the importance of timely enforcement of contractual rights, with justices questioning why the mother waited so long to assert her claims. The defense acknowledged that both parties had been content with the status quo, but emphasized that the child had not received the support they were entitled to during this period.
As the court deliberates, the outcome could set a significant precedent regarding the enforcement of child support agreements and the responsibilities of both parents in maintaining financial support for their children. The implications of this case extend beyond the parties involved, potentially affecting future child support disputes in Virginia.