Legal Question in Family Law in Virginia
Child Support
I'm paying $548 a month on 28,000yr salarie for one child because I fell behind. My daughters mother has gotten married and they both work and the stepfather makes three times as much as I do. I have asked for counseling in the new household because, a lot of things aren't right. The courts want me to pay an additional $150 towards counsel on top of the $548 I a already pay. Is there any way that the counseling should fall on them especially since they have a greater income & if I was married both incomes would be included in child support consideration?
1 Answer from Attorneys
Re: Child Support
No, if you were married to a woman having no legal responsibility for your child, under the rules which govern the Virginia Child Support Guidelines, the income of your spouse would not be factored into the calculations to figure your support obligation.
Likewise, the current husband of your child's mother, who has no legal responsibilty under the aforementioned Guidelines for the support of your daughter, can not be expected to contribute to the cost of family counseling merely because his income is allegedly three times greater than your own.(Only the income of his current wife, your daughter's mother, can be considered for these purposes.)
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