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Ask Lady Themis Your Own Question
Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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i pay child support for my 2 children from my first marriage.

Customer Question

i pay child support for my 2 children from my first marriage. I now have 2 young children from second marriage can i get my original support payments lowered or modified?
Submitted: 6 years ago.
Category: Family Law
Expert:  Lady Themis replied 6 years ago.

What state is the child support order out of?

 

Customer: replied 6 years ago.
Virginia
Expert:  Lady Themis replied 6 years ago.

Thank you.

 

In Virginia, when additional children are born, that does not constitute a material change of circumstances to warrant a modification of the support obligation. Here is the relevant language in the Virginia Code:

 

"Where a party to the proceeding has a natural or adopted child or children in the party's household or primary physical custody, and the child or children are not the subject of the present proceeding, there is a presumption that there shall be deducted from the gross income of that party the amount as shown on the Schedule of Monthly Basic Child Support Obligations contained in subsection B that represents that party's support obligation based solely on that party's income as being the total income available for the natural or adopted child or children in the party's household or primary physical custody, who are not the subject of the present proceeding. Provided, however, that the existence of a party's financial responsibility for such a child or children shall not of itself constitute a material change in circumstances for modifying a previous order of child support in any modification proceeding. Any adjustment to gross income under this subsection shall not create or reduce a support obligation to an amount which seriously impairs the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child, as determined by the court. "

 

20-108.2

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Customer: replied 6 years ago.
Can you help me understand in more clearer terms? i guess less legal terms. So from what i can take is that additionl children without a change to my income but there is a change to my expenses there is nothing i can do?
Expert:  Lady Themis replied 6 years ago.

Basically, having more children is not grounds to go back and have the child support modified. However, if your ex brings the issue of child support before the court or child support has to be re-calculated for any other reason, the court will take into account your additional children at that point and deduct from your income an appropriate amount for their care for the purposes of determining child support for your first children.