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
1 Answer from Attorneys
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.