Legal Question in Family Law in Virginia
Shared custody, child support
My ex and i have shared custody, joint legal and physical custody to both of us. I got child support reduced based on shared custody, then ex appealed, I lost in circuit court under the appeal, i didnt take a lawyer, couldnt afford one, and the judge had no time for anyone representing themself. I filed to have support modified iaw shared custody guidelines 6 months later, and the judge said she did not want to overturn what the other judge ruled. my child support is 589.00 a month based on a court order from 2001, when my ex wife had sole custody, my ex wifes pay has gone up 26,000, in the past 5 years, where as mine has gone up only 8,000. i can file for a motion to amend again in december, i will have a lawyer this time, is there a chance i can finally get the courts to modify the order correctly, and does the change in circumstances spply from the 2001 order, or when the judge ruled in 2005, that he would not modify the 2001, order, at the appeal.
2 Answers from Attorneys
Re: Shared custody, child support
Not sure that I follow completely. You need a change in circumstance to be able to modify the order. Period. To be safe, the circumstances should have changed since 2005 to warrant you trying it again. Not sure how the Judge failed to modify when the wife had sole custody and was making $26k less. I think we are both in the same part of the state, f you are interested, I'd be glad to talk to you about this, just drop me an e-mail.
Re: Shared custody, child support
I would suggest that you consult an attorney who will sit down with you and run the guidelines. Then you would be in a position to determine if it is appropriate to file a motion to reduce child support.
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