Legal Question in Family Law in Virginia
I am currently paying a court ordered child support payment each month. Plus many other factors such as insurance, supply school shoes, coats, and sports fees/equipment. My ex is now texting me trying to get child support raised. Sh has admitted to quitting a good job and is attending school now. She feels that she should only have been responsible for minimum wage instead if the amount she was making when she voluntarily left her former employer. She has also recently remarried and has found out I am engaged, this is why I feel she is going after more money. Can her new household income be factored into the equation as well? Is there anything else I can do?
2 Answers from Attorneys
No, your former wife's "new household income" cannot be factored into the
incomes shares formula used in the Virginia Child Support Guidelines for a redermination of the unitary obligation of both parents(you and she) since
her new spouse would have no legal responsibility to support your
children.
However, if you believe that there has been a material change in the circumstances of the case since the last support order was entered, you could file a motion with the court to have the matter reviewed and adjusted as found to be appropriate by that court.
Above should read: "redetermination"
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