Legal Question in Family Law in Virginia

Reduction in Child Support

My husband has a child for whom he pays child support.The mother does not work and collects welfare from the state.We also have a child together.At the time child support payments were ordered, we were living together(not married) and the judge would not take into consideration that he had another child to suupport.Now that we are married, can the child support payments be reduced because of our child?Also, how do we prove to the judge that she refuses to work and she collects welfare?


Asked on 6/18/03, 1:24 pm

2 Answers from Attorneys

Wayne Comer Wayne E. Comer, Esquire

Re: Reduction in Child Support

This question is slightly more difficult than appears on the surface. The application of the most basic principals of jurisprudence strongly suggests that all children of a given parent, illegitimate or otherwise, will be give equal treatment and consideration. Accordingly, it would appear that the needs of each of these would have to be considered in establishing the appropriate support for any one of them. The problem is identifying in the Code, exactly which

Section and line covers this issue. I can only afford to state what I know off the top of my head which is that probably the law of Virginia requires that the status and requirements of each child who is not the product of a single union must be considered in a separate hearing. At that time I presume that other chid support orders THEN ON THE RECORD would be taken into account by the Court. On the other hand it the trouble may be that you were not competently represented in your support hearing. Your time for reconsideration of the particular order by the same court may have expired unless you can claim a change of circumstances.

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Answered on 6/18/03, 4:14 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Reduction in Child Support

If the mother is collecting public assistance, the local Department of Social Services will evaluate and monitor her case to determine whether she is required to work or be seeking work in order to continue to qualify for public benefits.(This is not a matter for the judge to decide.)

And merely because you are now married with one child to support does not mean that your husband will automatically qualify for a reduction in his child support. The judge may consider his additional responsibility but is not required by law to necessarily reduce his current obligation by some determinate amount.

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Answered on 6/18/03, 11:47 pm


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