Legal Question in Family Law in Virginia

I recently became divorced and before the divorce my ex wife filed for child support. When asking her why did she did it she stated that she was pissed of at me and she needed her rent paid. In our year of seperation we were splitting everything evenly accept of the medical coverage in which I pay. So before seeing the judge we went through mediation to try and work something out. Through mediation because I made more then she did they said i had to pay her over a thousand dollars in which I know I cannot afford. So the most she went down is 700 plus I still have to pay her medical and dental expenses which cost me another 140 dollars per pay check. Im already behind in my own bills where I was living pay check to pay check and I know I cannot afford to keep up with those payments. I have my daughter twice a week and every other weekend. I didnt see a problem of why we couldnt continue the arrangements we had but she was doing it out of spite. Is there anyway around this sitiation or for me to get joint custody where is that I keep my daughter one week and she keeps her the other and we split everything down the middle. My daughter will be two in May of this year and I moved not even 15 minutes away from her. I have a son, im in school and I cant take on another job because I have parental custody of my son.


Asked on 1/12/10, 4:39 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Sure, as part of the divorce proceeding you could petition for joint custody, but the court would probably end up by ordering what was recommended in the mediation(in my opinion).

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Answered on 1/17/10, 8:20 am
sheryl shane sheryl shane, attorney at law

If the divorce is complete..you need to see if the case was to be remanded to the juvenile domestic court and if so file correct paperwork to modify. If it has not been remanded - you can file in the circuit court.

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Answered on 1/17/10, 9:32 am


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