Legal Question in Family Law in Virginia
my ex has filed a motion to amend our current child support order. He wanted to lower the child support amount because he was going to cover our 2 children on his medical insurance. Since he has filed the motion to amend, he has gone on disability and no longer has the option of putting the children on his medical insurance. I have been and still am paying for health insurance for the children. Can I ask the judge to dismiss his motion based on the grounds that he no longer has insurance available so his motion to amend is a moot point?
1 Answer from Attorneys
Sure, you could always ask for a dismissal of your opponent's case, but if in fact he now has a reduced income from what was previously used to calculate his support obligation under the guidelines, he could still qualify for a reduction in the amount of his support obligation.