Legal Question in Family Law in Virginia

Child support

When we first divorced, I moved in with my parents, and the 750 a month support I was ordered to pay for 2 kids wasn't that much of a struggle, but now that we both have remarried, it is harder to make ends meet. I have house pmt, etc. now. I live in virginia, and using the child support calculator it says to use my gross pay. The other articles have read stated gross is after kids insurance and expenses are taken off. My gross is 1975 every 2 weeks, and my net is 1189 / 2 weeks. Big difference. Is house, car and living epenses taken into account anywhere. My ex gross's 3888 / month. I was so devasted about her wanting the divorce and cheating on me, we also didn't set up a visitation schedule. It just states, ''I can get them whenever I want'', which boils down to ''whenever she needs a babysitter''. She won't answer the phone on purpose, but that is another story. Now someone else is raising my 2 boys, and she was the cause of it all. I was even willing to stay there, knowing everything she did, just to be with my boys. Is their any chance, that you see, I could possibly get my child support lowered, so I can survive. Any advice would be greatly appreciated.

Thank You


Asked on 7/07/09, 8:28 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child support

Under Va. Code Sec. 20-108.2C.4, you're entitled to deduct from your gross monthly income the amount of Basic Monthly Child Support described in subsection B of this code section for any children in your current household whom you are legally responsible to support as long as the resultant reduction in the custodial parent's support amount does not impair her ability to provide for minimum adequate housing or to provide for other basic necessities as determined by the court hearing the matter.

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Answered on 7/08/09, 11:15 pm


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