Legal Question in Family Law in Virginia
reducing orginal court ordered support
My ex and I have been divorced for 10 years. I have sole custody of our 13 year old daughter and have not remarried. He remarried and now has 2 additional children. His wife is employed. I make about $500 per month more than he does. Daughter is included on his health insurance and she adds no extra cost (he would have to have the employee + family option anyway). He wants to reduce the orignal ordered payment of $400 to $250 based on the fact that he has more children (and I might add an expensive new vehicle). Is he allowed to take a significant reduction in the guideline amount because of additional children if his spouse also works? Is he allowed a reduction for health insurance? Thank you.
1 Answer from Attorneys
Re: reducing orginal court ordered support
THe Virginia Child Support Guidelines found at 20-108.2 of the Code do not support the kind of reduction your ex-husband is seeking due to the fact that he now has two additional children to
support within his own immediate family. Nor would there be any basis for him to claim an additional deduction for a health insurance premium for which he has incurred no additional costs by virtue of your child being on the policy.
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