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!

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1 Lawyer Answer
Afsana Chowdhury
Afsana Chowdhury
  • 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.

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