Legal Question in Family Law in Virginia
Child Support
I currently pay child support to my ex husband for our 2 children. He was unemployed at the time of the hearing and the amount was set according to his unemployement check. He has recently started a new job and do believe he is making a significant increase. We go back to court on June 4 to have the judge review this. My question is will my payments be reduced? And can I legally ask for proof of where the money is going. I can not afford an attorney to assist me in this matter and I am afraid I am being taken advantage of.
1 Answer from Attorneys
Re: Child Support
You can expect a change in the amount of child support. Support for children is based on a formula, which starts with the gross incomes (not take-home pay) of the parties. The greater the combined gross incomes, the more the child support to be split between the parties. To the basic child support is added work related child care expenses, and health insurance premiums for the extra cost of having the children on the health insurance policy. The total of those three amounts is then apportioned between the parties, based on their respective incomes. For example, if you have 60% of the combined gross incomes, you have to pay 60% of the total support, but you get a credit if the children are on your health insurance.
You can see that the more everyone makes, the more the child support, and the less you make compared to him the less of that support you would have to pay.
The court will not really look into where the money you pay is going; then just don't want to get into that kind of detail. So they won't let you ask.
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