Legal Question in Family Law in Virginia
husband says no to child support
my husband and i have shared visatation and i am the primary coustodial parent, he claims he does not have to to pay child support,but child support system says he does because im the primary parent. he now tells me he will be filing for full custody only because he doesnt want to pay child support,what would be the chances of that happening? he is living with another woman and they are having a baby in july and she has 2 kids of her own. i also have another concern that every time husband picks child up he crys and sreams and this is really starting to get to me our son is only 16 months old and he has been seeing his father snice he was 9 months old why would he still be crying and acting like he is so scared of him,what should i do? i have always thought that over nite stays for a 9 month old was a little weird he is now 16 months, judge ordered this dumb visatation which blew my mind i even had to stop breast feeding at 9 months so he could share the equal time with his father,dont get me wrong he needs his dad but i think it shoild have worked its selve up for the time with dad. every snice he has been visiting with dad he has stayed sick and i have stacks of bills showing how many times i have taken him to his doctor.
1 Answer from Attorneys
Re: husband says no to child support
Overnight visitation for an infant is very unusual.
It seems to me that you need to file a Motion to Amend the previous Order and ask the Court to appoint a GUARDIAN AD LITEM for the child, someone who might investigate the circumstances in the father's home that would tie into the sicknesses and the child's emotional response to separating from you.
He has little chance of obtaining custody and you should get your head examined why you didn't ask for child support from the beginning.
As always, get a good lawyer to help you.
Good luck.
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