How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27622
Experience:  Attorney with experience in family law.
26798026
Type Your Family Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

If my ex wife left he 2nd husband and the next day moves in

Customer Question

If my ex wife left he 2nd husband and the next day moves in with another man with my children then 2 months later she breaks up with him and is forced to find another place to live am I right in saying that she is not providing a good environment for my kids to live in? She also believes that I should pay her more child support now so that she can live in her preferred area instead of moving somewhere more affordable.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Yes, the mother's actions give you grounds to argue for custody if you can provide a more stable living environment for the kids. You can also ask the judge to add a morality clause to the custody order, meaning that neither of you can have overnight guests (or cohabitate with an unmarried partner) if the children are in your care.

Expert:  Lucy, Esq. replied 1 year ago.

Child support is based upon the combined income of both parents and the number of children. A judge can't just order more support because one parent would like to live beyond her means. Use this calculator to see if what you're currently paying is more or less in line with where it should be.

http://www.alllaw.com/calculators/childsupport/virginia

If you're 10-20% below the amount provided by the calculator and it's been a couple of years since the order was entered, she could be entitled to a cost of living increase. Otherwise, wanting to live in a nicer neighborhood is not grounds for increasing support.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.