Legal Question in Family Law in Virginia
child support : reported income and after-marrieds
My ex-husband has custody of our 2 children. I am a stay-at-home mom with my daughter of my second husband. I understand that his income shouldn't influence the support payment, but what can we expect to pay when my income is $0? - Also, my ex is clearly living beyond what his reported income income would allow. We don't want to shirk the responsibility to my boys, but we don't feel we should have to subsidize their father's lifestyle either. is there something we can do?
2 Answers from Attorneys
Re: child support : reported income and after-marrieds
In Washington State, by law both parents of a child or children have a duty to support their children. There are standards and guidelines in written form regarding how child support is calculated. Income of new or subsequent spouses is not calculated into the formula. If a person is deemed to be voluntarily under- or unemployed, then their income is imputed based upon census statistics. Courts generally do not care what a person spends but, rather, what a person earns. I do not know whether you are being taken to court, or is this just looming on your horizon in the future? You need to talk to someone like me to get a proper perspective on your situation. If I am not close enough, then look for a family law lawyer near to your city or town.
Re: child support : reported income and after-marrieds
If your former husband is now taking you to court for child support, you should consult with an attorney knowlegeable in family law matters and
who will be able to advise you as to how the income shares formula works in determining what
each parent should pay for the support of their child(ren).
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