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 Hendrickson Law Office Michael E. Hendrickson

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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