Chesapeake, VA asked in Family Law and Child Support for Virginia

Q: Does my daughters mom have to inform me or the court of a change in circumstances, such as increased pay or no daycare?

My original support amount was $800 when I was making 4350 a month and she made 1160 and had $800 a month in daycare costs. Does she have to update the court of changes/increase in pay or about removing our daughter from day care? I have reason to believe her pay doubled since then and she no longer uses day care as our child is now 11. Last time we went to court she said she "just put in her two weeks notice" and the judge didn't mention imputing income due to voluntary unemployment. Also, can daycare costs be added to support amount for schooling/college? She claims she is not working and is in college. I always thought it was always "work related daycare expenses". Thanks!

Related Topics:
1 Lawyer Answer
Afsana Chowdhury
PREMIUM
Afsana Chowdhury
Answered
  • Fairfax, VA
  • Licensed in Virginia

A: If you suspect that the other parent’s income has increased by at least 25%, you can request a review and adjustment. As for your other question, the court can deviate from the guideline child support amount to factor in the childcare costs of a custodial parent enrolled in an educational program likely to increase his/her income. These are complex issues that you should discuss with an experienced family law attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.