Legal Question in Family Law in Virginia

Child Support Guidelines

This posting is not considered to be the giving of legal advice or the establishment of an attorney-client relationship. Proper legal advice can only be given upon a fuller statement of facts than was provided in your inquiry and, in this Office, the attorney-client relationship is only undertaken upon the execution of a written fee agreement.

In Virginia, child support is set by guideines contained in Virginia Code Section 20-108.2, which are presumed to be the correct amount of child support based on the parties' combined gross incomes and certain additions allowed by law. Virginia Code Section 20-108.1 lists the factors that the court can consider in deciding whether to deviate from the guidelines. One of those factors is "actual monetary support for other children, other family members or former family members." Although your inquiry does not specifically say so, I assume that the woman by whom your friend has two children is not the same "girlfriend" by whom he now has a child. It would appear that the court may consider amounts paid to both women in deciding whether to adjust the child support payable to either.