Legal Question in Family Law in Virginia

Mother of my child gets married and stops working...wants support!!

The mother of my child moves out of state gets married and quits her job to go to school full time, now wants support. I am already paying child support for two other kids from a previous marriage. If she voluntarily gave up her job, will I have to pay the bulk of the support?


Asked on 1/27/06, 11:00 pm

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Mother of my child gets married and stops working...wants support!!

Yes, assuming the child is still quite young (middle school age or younger).

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Answered on 1/27/06, 11:55 pm
Paul B. Ward Law Offices of Paul B. Ward

Re: Mother of my child gets married and stops working...wants support!!

Both parents have an obligation to support their child. Virginia calculates the support obligation of each parent by using gross income. If a parent is voluntarily unemployed or underemployed, a court determining support can impute an income to that parent, usually upon the presentation of evidence from an expert witness.

The calculation of child support varies from state to state, so the first question is which court has jurisdiction; if her filing for support is round one, where she and the child live is probably the state that's going to have jurisdiction, and you will need to secure an attorney in that state. On the other hand, if a support amount was determined in Virginia before she moved, Virginia is going to retain jurisdiction to determine the amount of support.

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Answered on 1/30/06, 10:35 am
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Mother of my child gets married and stops working...wants support!!

You have the legal obligation to support all children you parent. Mother can have income imputed to her if she is voluntarily unemployed or underemployed. You need to go through the figures with an experienced attorney to know of your obligation to this child.

Good luck

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Answered on 1/28/06, 7:13 am


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