Legal Question in Family Law in Virginia
child support with live-in girlfriend
My ex-husband moved to Maryland with his girlfriend and their 2-YO son. My children (from him) and I live in VA. He claimed at a previous support hearing that he paid her $600 a month (before they lived together) in order to get the adjustment to his income. Now that they live together, does his ''presumptive support'' for their child go by the VA or MD guidelines? I have represented myself successfully at two previous hearings, but I'm not sure how this will work. Thanks to all who post here.
1 Answer from Attorneys
Re: child support with live-in girlfriend
Explanation of the COLORADO RULE in Virginia:
The "Colorado Rule" named for the state that first started giving parents monetary credit for after-born children. Historicaly (and some think more intelligently) the first born were entitled to the MOST money and were not to be devalued by the exitence of "after-born" children. Why should your kids suffer because he decides to populate the world after them?
Well, welfare and the millenium made it so that the "Colorado" rule now RULES in most if not all 50 states. For several years it has been the law in Virginia (the law that would control if that is where the support Order is from or, if an original petition, where the children reside.
Virginia law (20-108.2) will give him credit off of his gross income proportional to what he would have to pay that mother for the child. The child must either live in his household or there has to be a valid support order from that other jurisdiction.
Research this issue on an Internet search engine like FINDLAW - type in VA and then search the code or the Court of Appeal cases on the "Colorado Rule".
Finally, as a responsible attorney, I would never advise any person to represent themselves in Court. Too many slick lawyers out there.
Good luck.