Legal Question in Family Law in Virginia

I am currently involved in a custody case for my 16 year old daughter. My daughter has decided that she wants to live with me now and has been at my home since mid June. I am currently paying child support for her to my ex-wife, and will continue to do so until our court date in September. My ex-wife is currently unemployed, but sells Avon and baby sits 4 maybe as many as 6 kids out of her home. I also suspect that she is collecting unemployment benefits in addition to the income mentioned before. Do I need to subpoena each item separately or can I cover these under one subpoena? Or is this information that she is required to disclose automatically to the court? She has an attorney and I do not have an attorney for this case. Thank you for your assistance with this matter.


Asked on 8/15/10, 9:02 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, your former spouse is required to disclose her income to the court if and when the issue properly arises at the scheduled hearing. Otherwise, you will need to issue separate subpoenas for this information regarding each alleged source of her income (which likely will have little or no impact on the

amount of your current child support obligation, unless, of course,

the court decides that it's in your child's best interests that she remains with you, which may not necessarily happen).

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Answered on 8/20/10, 1:53 pm


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