Legal Question in Family Law in Virginia

child support-new husband

My ex-husband and I share custody of our children. He is the primary custodian. We had an agreement of child support that I pay, but he is taking me back to court to increase the support. I make $2,500/month gross income and my new husband also makes that. My ex is saying that he can get twice as much money from me because the court will also look at my new husbands income as well. Is this true?

My new husband has two children of his own that he is responsible for. We have only been married for one month.


Asked on 3/07/09, 12:59 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: child support-new husband

No, your new husband has no legal responsibilty for

the support of your children born of a previous marriage, and, consequently, his income cannot be counted in determinig your share of the child support owed under the Virginia Child Support Guidelines. (See Va. Code Secs. 20-108.1 and 20-108.2.)

Your ex-husband is dead wrong---and you can tell him I said so.

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Answered on 3/07/09, 5:27 pm


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