Legal Question in Family Law in Virginia

I have an question about Custody.

We went to court for a Property and Settlement Agreement and under the Custody she want to have sole legal custody and primary physical custody of there minor children.

I didn't agree with this So I have Joint legal custody and she has Primary Physical to mother.

I would like to know how that will effect child support and I think the reason that she has Primary physical is because I don't have a place to live right now and I am looking for an place to live. once I find it can I ask the court for share custody that way I can get her to pay me child support because she make more money then I do and I don't see why I have to pay child support to her now because she make more then I do right now.

If someone can explain on how I should handle this matter please

Asked on 7/05/13, 4:58 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law

Under the Virginia Child Support Guidelines, the parent with

primary physical custody of the subject child(ren) is entitled to

receive child support from the non-custodial parent irrespective

of her income.

You could, of course, petition the court for a share of the physical custody

but given your apparent recent history of being without a place to live,

I find it unlikely that the court would be willing to alter the current order

for custody and support in favor of the arrangement which you've suggested.

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Answered on 7/05/13, 7:22 am

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