Legal Question in Family Law in Virginia
Ex-Wifes rights to raising child support and our options
My husband and his ex-wife were divorced several years ago. There are 3 children from their original marriage, she has one additional child with her current husband and we have one additional child in our marriage. My husband was ordered in the divorce to pay $700.00 per month. We have raised the child support at her request without hesitation or court assistance to $900.00 per month.
My husband is still fearful however that she can take us to court and get up to half of his current income if we were to do anything to upset her. We realize that we are not paying the maximum that we could be ordered to, but I find it hard to believe that she could get half of his income. My question is, in the State of Virginia, what are her options to get more money from us and what our options are if she tried to do so. We currently pay $900.00 per month for 3 boys, my husbands gross income is $3895.00 per month. She is un-employed at this time. My husband and I are both employed. Since they have recently moved from California to Virgina and we are moving to Virginia in one year, we will be seeing a lot more of them on a regular basis, if that is a factor.
Thank you.
2 Answers from Attorneys
Re: Ex-Wifes rights to raising child support and our options
When you get to Virginia speak with a lawyer. There are too many factors involved in child support to discuss in this format.
Re: Ex-Wifes rights to raising child support and our options
If the matter were brought before a Virginia court, the Virginia Child Support Guidelines would determine how much more, if any, that
your husband would be required to pay.
The guidelines take into consideration the gross income of both parents(but not their non-liable spouses)as well as certain other expenses of the
custodial parent such as daycare costs.
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