Legal Question in Family Law in Virginia
Percent of child support obligation.
The Department of Child Support Enforcement just
ruled that my husband had to pay 100% of the
determined child support because the mother of his
child does not have a job. I have known several other
people who went for child support and did not have
jobs but the judge put them down as having part-time
jobs paying minimum wage. How can DCSE hold my
husband 100% financially responible--I know this is not
fair but is it legal?
1 Answer from Attorneys
Re: Percent of child support obligation.
DCSE is following its administrative regulations which may exclude a mother caring for small children from having any responsibilty for any part of the parental support liability
in determining what your husband must pay. If he
is unhappy with this determination, I believe that he can appeal it within the prescribed time limit, and, at some point have it reviewed "de novo" by the Juvenile & Domestic Relations District Court.
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