Legal Question in Family Law in Virginia
Custody and Child Support
My husband and I both work in the Army, but he is getting out in three months. He pays his ex-wife outside of court $400.00 a month, but since hes getting out she wanted it in writing. So she took him to court and ended up getting an extra $180.00 a month, which he cant afford! He is going to be jobless once he gets out. He also lost his rank so he is now getting paid $350.00 less every month and he is in debt.
My question is: If he goes back to the court and shows proof of his deduction in pay plus any additional bills that are using all his pay, will he be able to have his Child Support brought back down to $400.00 a month???
1 Answer from Attorneys
Re: Custody and Child Support
Decrease in income (due to no fault of his own) is a change in circumstances that can make support orders modifiable. Once your husband starts receiving less pay, he should try and have his support order reduced. He should contact a lawyer for advice at this point.