Legal Question in Family Law in Virginia

Father has received irregular gift income from his parents for several years. For the last three years the gift income totals $21,000. Now that child support is owed, father claims he will receive no more gifts from his parents.

Mother is arguing that the gift income should be imputed for child support based on three tear historical average. Does Mother need to prove anything other than ongoing history of gifts?


Asked on 3/10/13, 1:50 am

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

The grandparents have no responsibility to support the child; they also have no obligation to make annual gifts to the father, and have not regularly made gifts to him. I think it will be a stretch convincing a court to imput income to the father because of the grandparents' gifts to him.

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Answered on 3/12/13, 5:26 am


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