I am taking my ex-wife back to court to amend the child support, should I have a lawyer & what wille be used to detemine support

Asked about 4 years ago - Woodbridge, VA

When original order was done it was for joint physical and legal custody of 3 kids. 2 are now 18, leaving 1 boy at home. I have always paid CS as well as all medical, dental, etc. She has never contributed to college costs or medical costs, will any of that be taken into consideration for new support amount? She won't agree in mediation because it is less than she wants, now she is saying he stays there more then my house so she should get more. I'm not sure if I should get a lawyer's advice or not. My son is almost 16 and it's not about providing for him, she has been overpaid for years and I just want it to be fair.

Attorney answers (2)

  1. Virginia C Haizlip

    Contributor Level 13

    Answered . The court will consider your income, her income, the cost of health insurance, and the cost of childcare, if any. You can ask the court to deviate from the guidelines based on your additional financial contributions.

    If you have questions, it is always a good idea to meet with a family law attorney at least for 1 consultation so that you can get advice specific to your situation.

  2. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . Virginia law has a chart that determines support. It is based on the amount of income you both have and the number of children. The courts typically apportion it based on how much money each person makes. See section 20-108.2 of the Code of Virginia for complete information on the amount and the Department of Social Services' calculator for information.

    [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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