Legal Question in Family Law in Virginia

Re: Child Support

Under the Virginia Child Support Guidelines shared incomes formula for determining child support, the income of the nonliable spouse of a responsible person or parent is not factored into the formula for calculating the total support owed(normally) by the parents and the share which is apportioned to each. The father of your three children is simply wrong in his assertion that you and your current(nonliable) spouse should be responsible for all of your children's child care costs.

You may need to file a petition with the juvenile and domestic relations district court in your area to have a court order entered to settle this matter which will correctly assess who is responsible for what in this child support equation and which later, if necessary, can be appropriately enforced through the court(without the aid of an attorney) should later disputes arise.

Re: Child Support

Your husbands income is not factored into child support. You cannot get restitution if there is no prior Order. He will be responsible under the guidelines for his income share of any child care and health care expenses. You can do child support calculations online at childsupportguidelines.com and research the Virginia Code Section 20-108.2 on child support.