Legal Question in Family Law in Virginia

Increase in Child Support

Ex husband has remarried, when we filed for divorce he refused to complete the child support worksheet stating that he doesn't have a job and that he has a partner that supports him. He pays me $1510 per month for 3 kids. His wife's business does very well - clears 150K-200K per month. What is the law on his wife's business? Can I request more support from him based on this increase in income. He flys to Thailand about 5 times a year for her business. The sister also has a business which states it is Thai owned. The newspaper article stated that her business is very profitable. I am trying to locate the article which was in a local paper somewhere near Lynchburg,VA in May/June timeframe. What is the law in VA about possession. On his social security yearly report it stated that he had no income. He is being very smart as to not have an income and funnels everything through her business. Please advise what I can do.


Asked on 9/10/06, 6:45 pm

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

Re: Increase in Child Support

You may not include his wife's income in the child support calculations. However, if he is employed by his wife (even off the books if that can be established) his income can be used. Also, if he is voluntarily unemployed or underemployed you can ask the court to imput income to him. That often requires an expert to testify to his capabilities and that jobs are available to him.

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Answered on 9/11/06, 10:09 am


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