Legal Question in Family Law in Virginia
I am re-married with 3 children of my own and I file joined tax return with my cerrent wife.
1. Can my ex request the court to show our joined taxes to increase child support? My current wife�s social security and her personal information on these papers, can we refuse for these reasons to provide the tax returns? Can I only provide the W-2s?
2. Last year I made much more money than the year before. This year my salary dropped almost to the amount that states in the child support calculation. Can she request to increase support based on my last year salary?
1 Answer from Attorneys
All that you should need to provide is verifiable and credible evidence as to
your gross monthly income. W-2 forms should work fine for that purpose and
there should be no need for a copy of your joint tax return with your new
spouse's income which is irrelevant to the calculation of your child
support obligation under the Virginia Guidelines.
Yes, she could request only last years income but you(or your lawyer) should
counter that request with a request that your income for the last two years
be averaged and that this average figure be used to calculate your
share of the child support obligation under the Virginia Guidelines.