Asked 5/9/2009
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Modification of child support order My ex-husband remarried and has another child by this marriage. This child is 5 years old. He now wants to reduce his child support for our child (age 12) because he has to support his second child. He is not divorced from his second wife, who works and makes nearly 3 times the income that my ex-makes. Is having a second child grounds for reducting support for the first child in the state of Virginia? |
Answer 1/2 - Submitted 6/3/2010
I don't believe so. He can not petition the court to have his child support reduced BUT - if YOU petition to have it re-calculated or, say, increased he can then use the new child (after he or she is born) as a shield. Basically, he can turn around and say "I have to support another baby now" and THAT alone may or may not decrease the monthly support he has to pay.
Answer 2/2 - Submitted 6/3/2010
Well, first of all he CAN petition the court to have his child support reduced, but he is not likely to get very far, if his reason is that, oops, I have another child to support, as the court is simply going to say that that was his choice and go get another job, if you must.
Further, the determination the court originally made to order child support would have been equally applied if he had two children back then. In other words, he would not have gotten a multi-child discount, and he ain't going to get one now.
I hope this clarifies the court's reasoning process in Virginia, where I practice. Thank you for using WebAnswers as your sourceĀ.
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