Legal Question in Family Law in Virginia
Why he wouldnt pay child support?
If my husband and I are separated and we agree to joint custody. But the kids live primarily with me. Would he be released from his obligations to pay child support and what if the kids are not school aged they are 3 and 1 and he wants primary custody is there any possible way he can get granted primary custody if I don''t voluntarily give it up. He cannot prove that I am a good mother.
2 Answers from Attorneys
Re: Why he wouldnt pay child support?
No, in the Commonwealth of Virginia, there is a unitary formula for calculating the support obligation for all children in which each of the parents would owe a share. The parent who is primarily noncustodial would owe the bulk of that obligation.(See Va. Code Sec. 20-108.2 of the Code of Virginia.)
As the natural parent of the children, your husband has the right to petition the court for full custody(legal and physical) of his children but unless he could prove by a preponderance of the evidence unfitness on your part to parent the subject children, he would be unlikely to prevail in such a custody suit.
Re: Why he wouldnt pay child support?
No, in the Commonwealth of Virginia, there is a unitary formula for calculating the support obligation for all children in which each of the parents would owe a share. The parent who is primarily noncustodial would owe the bulk of that obligation.(See Va. Code Sec. 20-108.2 of the Code of Virginia.)
As the natural parent of the children, your husband has the right to petition the court for full custody(legal and physical) of his children but unless he could prove by a preponderance of the evidence unfitness on your part to parent the subject children, he would be unlikely to prevail in such a custody suit.
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