Legal Question in Family Law in Virginia

Re: increase

1. Ex has a live in boyfriend/husband and since he works she doesn't work full time. Will the court consider his salary with hers or factor how much she would make if she worked full time. she is a nurse and can make her own hours. She claims to make 56K but that is not full time.

ONLY THE PARENTS INCOME IF FACTORED INTO CHILD SUPPORT. IF SHE IS VOLUNTARILY UNEMPLOYED OR UNDEREMPLOYED YOU CAN ARGUE THAT HER INCOME SHOULD BE IMPUTED TO A FULL TIME SALARY.

2. the child support I pay for another child with another lady.

YES IF THERE IS A COURT ORDER FOR THE SUPPORT OF YOUR NATURAL CHILD OR IF THE NATURAL CHILD LIVES IN YOUR HOME.

3. the amount I pay for private school on the child with the other lady. Court ordered.

IF THE TUITION IS COURT ORDERED AS CHILD SUPPORT THEN YES IT WILL BE FACTORED.

4. the ex has a trust fund set up for the child and she uses that herself. Can this money be considered income for her?

NO BUT THE RESOURCES OF THE CHILD ARE A FACTOR THAT THE COURT CAN USE TO DEVIATE FROM THE GUIDELINES.

Re: increase

The income of Mom's mate, whether married or not, will not be considered by the court. With Mom working part time, it may be possible to get the Court to extrapolate what her full time income would be, unless she has some reason she can't work full time. The support you have for other children is a factor, also without regard to whether you and the mother are or were married. If private school cost is court ordered, it may also be useful as a deviation from the support that would be payable based only on the incomes of the parents, plus health care costs for the child, plus work related child care costs.

Not a minefield you will want to enter without being represented by counsel.