Legal Question in Family Law in Virginia

Re: Increase child support if remarried

The income shares formula which is used in the Commonwealth to determine child support does not consider the income of a spouse who is not the natural or adoptive parent of the child.

Your prospective spouse can always seek review in the appropriate court to determine whether the parents' respective shares of the child support obligation should be adjusted.

You can call the Chancery branch of the civil division of the Fairfax Co. Circuit Court, ask the clerk to verify whether a divorce was ever finalized for these two people, and request that a certified copy be sent to you for a nominal fee.

Re: Increase child support if remarried

In Maryland the income of an after married spouse cannot be used to determine child support or to seek a modification of a prior award of child support.

This applies only where the after married spouse is not a biological parent or an adoptive parent. Tax matters may make another alternative more desirable.

Contact the office of marriage licenses or Virginia's equivalent of Maryland's circuit court to inquire as to the issuance of a divorce decree. In Maryland, if you marry while being married to another you are subject to

the subsequent marriage being void and possible criminal action. Maryland requires a ceremony with a celebrant for a valid marriage and this may be accomplished before the Justice of the Peace where you choose not to have a church ceremony.

Be sure that your marriage issues properly to avoid problems.