Legal Question in Family Law in Virginia
My Wife's Income
My son's mother is stating that ''our household'' income is a lot more than what she makes and she shouldn't have to pay child support. Can the courts/DCSE include my wife's income when deciding on the noncustodial parents child support amount since she does have a moral obligation to contribute to our son.
Asked on 10/23/06, 4:48 pm
2 Answers from Attorneys
Paul B. Ward
Law Offices of Paul B. Ward
Re: My Wife's Income
No.
Answered on 10/23/06, 4:54 pm
Fred Kaufman
Fredrick S. Kaufman, Esquire
Re: My Wife's Income
Only the gross income of the parents are considered in consideration of child support under 20-108.2 of the Code of Virginia. The amount of statutory support is added to work related child care costs and health care costs to determine total support required. The total amount is then apportioned according to each parent's income percentage.
Good luck.
Answered on 10/23/06, 7:13 pm