Asked in Child Custody and Child Support for Virginia

Q: Custody/support:

My brother in law went to court. They said his 15yr old doesn’t have to visit unless he wants too. However, he is to still pay FULL child support. He has recently been laid off as his job shut the doors and he has 2 children at home both younger (10,5). They are using my sisters income for his child support on a child that isn’t hers. What should he do to handle this considering he hasn’t seen the child in a year and now he won’t see him?

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1 Lawyer Answer

A: Even though your brother may not see the child, he still has an obligation to support his child. If he has lost his job through no fault of his own, he can petition the court for a modification in child support based on his new circumstances. The court will want to see evidence that he is actively pursuing new employment and not just sitting around claiming he can no longer pay support.

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