Legal Question in Family Law in Virginia
Increase in Child Support
I am being told that since I willingly quit my job to become a stay at home mom, that I can not get an increase in child support. That the judge would probably decrease it. The amount of child support is the same that was given at the time of the divorce, 9 years ago. I was never financially able to ask for an increase until now, 9 years later. Is this true, that I can not get an increase?
3 Answers from Attorneys
Re: Increase in Child Support
You are being told? By whom? Your hairdresser? Some internet chat room? Or a lawyer who regularly practices in your local courts?
Re: Increase in Child Support
A support order that is nine years old certainly warrants a review for a material change in the circustances of both the payor and payee.
The Commonwealth uses the income shares formula
to determine the total aggregate support due and owing on the part of both parents based upon their total respective gross incomes. Then using
the Virginia Child Support Guidelines found at S20--108.2 of the Code, this total is apportioned among(usually) the custodial and noncustodial parents with the former taking appropriate deductions for such items as daycare and extraordinary medical expenses for the child(ren).
From these various calculations, one defined monetary amount will normally be determined for the noncustodial parent to be paid by him or her each and every month to the custodial parent.
Re: Increase in Child Support
It depends. If you have a persuasive reason for quitting your job then the court may be inclined to increase your support. However, even if the court does what is known as imputing income to you, you may still have an increase. It really simply depends on your salary versus the father's salary. We would have to run the guidelines to see what your support payment would be. Feel free to contact me and I'll run the guidelines for you.