Legal Question in Family Law in Virginia
child support and divorce
Two years ago my husband left me w/4children.2were step to him.we have not filed for divorce. I need the health insurance.him?he has a $mess.at least this is my thinking. He lives with his girlfriend and has been told by the court they are not allowed to. he hides it the whole time they visit him they are at ''her� apartment until bedtime.I have not worked for 9years supported him the first year,dropping out of nursing school.He worked for INTEL for the past 7years and had a wonderful job.We had two more children.I was not advised to freeze any of the money.my husband has since quit his job and spent all the retirement etc.taking four months off from work and not notifying me or the court of his move.He now works for 1/2 the pay and horrible insurance.He says the co. was going to relocate him so he quit. proof?are these monies income?I work 2jobs 1 at night and pay my older 2 to sit it can be 12 when I get home and would not want to move them from bed..They are 5&7will he have to pay daycare? his sister always cuts my littles hair!It is very stressful to them when they tell her not to they cry she does it anyway.how can I stop her from doing thiswil the court use childsupport for my two older children as income for me?
1 Answer from Attorneys
Re: child support and divorce
Your husband is responsible for his fair share of the support for his two children as determined by the Virginia Child Support Guidelines. If he's become deliberately underemployed in order to minimize his support payments, your petition for support may need to
include a request that the court impute income
to him (that he's not now earning but could earn, if he so desired)in determining what his fair share should be under the guidelines.
I would suggest that if at all possible, you
at least consult(if you cannot afford to hire) with an attorney who understands Virginia child support law and practice, if you have not already done so.
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