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I am divorced and pay child support. if I marry, will my ...

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I am divorced and pay child support. if I marry, will my new spouses income be added to mine for the purposes of determining child support - if my ex wanted to go for more? IE is my income "household income" or just my income? (and the new potential spouse is not "rich")
In Virginia the income of the step-parent is not considered in calculating your child support. Only your income is considered. Also income in Virginia is defined as follows:

Income

The amount of money each parent makes is an important factor determining a child support obligation, but particularly important is how income is defined. Gross income is all income earned before taxes, deductions and expenses are taken out. The Code of Virginia defines gross income as:

"...all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits except as listed below*, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, rental income, gifts, prizes or awards." "Gross income" shall not include benefits from public assistance (TANF), Federal Supplemental Security income benefits, or child support."

Essentially, the Code states that if a child is receiving a social security disability insurance benefit on behalf of a parent, the amount of the benefit received by the child is added to the gross income of that parent. In the final calculation of the child support obligation, the parent whose child is receiving the benefit is given credit for the amount of the benefit. For more information, please refer to 20-108.2, section B of the Code of Virginia.



Lastly, the only time a step-parent is responsible for child support would be if the step-parent adopted the child or agreed to be responsible for the child support under a court order.


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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator and 3 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
Thank you very much.
You are welcome.


Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.