Legal Question in Family Law in Virginia

Child Support

My ex-husband and I have a child custody agreement and child support agreement filed with the local courts in Virginia. I pay $350 per month, this was an amount that we both agreed upon. It has been less than a year and now he is taking me to court for the full amount that he can get by law. I have paid every month and there has been no changes to my income. He was fired from his job due to getting arrested, and is currently unemployed. He lives in Ohio with the kids, I am filing for custody in Ohio this month. We have a court date in VA in March. What are the chances that he will be allowed to get more money? Will my custody suit in Ohio change the support arrangement? What do I need to take with me to court to prove that he has been receiving money?

Asked on 2/12/09, 11:36 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Child Support

In March, the court hearing your former husband's petition for increased child support could well increase the amount of your support obligation up to whatever is required under the Virginia Child Support Guidelines as outlined in Va. Code Sec. 20-108.2.

If you're awarded custody of one or more children by the Ohio Court adjudicating the custody issues, that would have an effect on the mount of child support that you would be required to pay under the Virginia Guidelines.

In answer to your last question, you should bring to court a record of your cancelled support checks for whatever time period(s) may be at issue.

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2/12/09, 4:54 pm

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