Legal Question in Family Law in Virginia
Court Tomorrow, Please Help !!
My wife and I are taking her ex-husband to court tomorrow to raise her child support. 2001, we were not married. Child support was set up for ex to pay my wife. 2002 we got married. After 5 years she is going back to court for an increase. Can my income come into play for the increase since I am a step-parent? My wife became permanently disabled last year and her only income is a disability check from SSI. My income covers most of our living expenses. My wife and her ex have joint custody of child with 50% visitation. Please help us understand what role my income plays. Ex does work for his parents with good pay and company vehicles. Thanks so much.
1 Answer from Attorneys
Re: Court Tomorrow, Please Help !!
Step-parent's income is not allowed to come into the calculation of child support, which is by statute based on the gross incomes of the parties (the parents), the cost of health insurance for the child and who pays it, and the cost of work related child care, which does not apply to your situation.