Legal Question in Family Law in Virginia
Child support obligation
Sorry. My husband is retiring due to a medical condition and I am entitled to half of his retirement pension which leaves him less than $300. per month. He pays child support to his ex. and due to his necessary medical retirement can his child support be reduce?
2 Answers from Attorneys
Re: Child support obligation
Your entitlement to a share of his pension would not change. Child support can always be reduced in the event of a material change in circumstance, which he would have to prove. The reduction would only be retroactive to the date of his filing.
Re: Child support obligation
Yes, it's possible, but he himself would have to petition the court for the reduction in his child support obligation based upon a material change in his financial circumstances.