Legal Question in Family Law in Virginia

Child Support with SS Disability

My ex and I have 50/50 legal custody of our child. I was making 25K in 2001 and he was making 50K when he was court ordered to pay $196 per month in child support. I became paralized in 2005 and am receiving $832 for disability and $464 for my child from Social Security. I have taken my ex back to court for a raise in child support, which hasn't be raised since 2001. His pay has increase with company benefits such as company vechicle and bonus. I was told that I may loose my $196 per month because of the SS disablilty I receive for my child. Can my disablility income for my child be used against me in determining a raise in child support. Please Help!!!!


Asked on 5/20/08, 5:32 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Support with SS Disability

No, you have been misinformed regarding the $196 per month child support which you now apparently receive from the noncustodial parent. In fact,if you review at Va. Code Sec. 20.108.1 et seq. regarding how child support obligations are calculated in the Commonwealth using a so-called incomes shares formula which combines the income of both parents and apportions the obligations, accordingly, after all required deductions and credits, it would appear that your former husband as the noncustodial parent who now apparently has a far higher income compared to yours and who is also making substantially more income since his support obligation was last established in 2001, should now be paying a substantially higher amount of child support than the $196 per month which he currently pays.

Read more
Answered on 5/20/08, 10:52 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia