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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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My husband fathered a child outside of our marriage. We

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My husband fathered a child outside of our marriage. We found out after the child was born. We have yet to see the child and not ready to take on visitation yet, but we want to try to establish financial support for now. Does child support take into account myself and our two children? Also, will that court take into account our combined income or just my husbands? This is for the state of virginia
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: virginia
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's it

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

I am sorry to hear your family is having to deal with this.

That is kind to be concerned about financial support.

The guidelines will look to the income of both parents, their financial obligations (ie other children), day care and health care expenses.

This is a mathematic formula but the court may "Deviate" from the guidelines amount if there is justification to do so (ie special needs for example, private tuition for children, orthodontics, etc).

The court will not look at the parents' spouse's income in determining the guideline amount as that person has no legal obligation to support the child.

Here is a worksheet to determine an estimation:

http://www.courts.state.va.us/forms/district/dc637.pdf

Further questions? Please post here to continue the chat.

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Customer: replied 1 month ago.
We've tried to use the worksheet, however, there's not a space for our family exemption.

The directions are on page 2 - please see:

When a party has a child or children who are not the subject of the proceeding in their household or primary physical custody, subtract the amount as shown on the schedule of Monthly Basic Child Support Obligations that represents that party’s support obligation for that child or children based solely on the party’s income as the total income available

Since there is no order there are 2 options:

1. determine the child support obligation for children in the home based on the father and mother's income and assign that accordingly;

2. request a deviation due to consideration for support for the minor children since a parent has a legal obligation to support their minor child.

Customer: replied 1 month ago.
May I ask what this means? "request a deviation due to consideration for support for the minor children"

Yes, -

so when one types in all the relevant information there will be a mathematical guideline amount- that is the "recommended child support" with all things being equal (ie the standard normal case of support).

However, if the judge will not accept an approximation of the father's support for his family's children then another way to get around that is to request a deviation since there are other children that the father is legally obligated to support and so this should be taken into consideration as an "unusual circumstance" which allows the judge to reduce the "guideline amount" to reflect that the father has other obligations.

LegalGems and 2 other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you for your explanation.

You are most welcome;

I hope this resolves quickly; the parties are free to reach an agreement as to child support but it is standard to have it incorporated into a court order so the mother can't claim monies was never received (and seek back support).

Customer: replied 1 month ago.
I was planning to draw up an agreement and hope that she's not too bitter to sign it. After that's done do we take it to the court and have it filed in the state where the child resides?

Yes, under the UCCJEA the court that has jurisdiction is the child's home state.

Normally paternity would need to be established first (the court requires a DNA test from a state certified lab) and then the court can enter child support orders (or orders based on stipulations-agreement between the parties).

Please keep in mind that child support can be modified whenever there is a change of circumstance (ie increase or decrease in income) so the agreed upon amount can (and usually does) change over the years.

Customer: replied 1 month ago.
That helps a greatly. Thank youFinal question.. The woman just so happen to work at the same company as my husband. Is there a way to place an order to keep this issue from effecting his employment. I know its a personal issue, however, perception is everything in some companies? Also, is there a way to have that included in the order or is this a separate matter? What would this be called? I'm thinking gag order but I'm sure this is incorrect.

Unfortunately the court only has jurisdiction over the parties in the case (ie the parents and the child).

It is possible to have an order stating that the other party won't harass the other but that is so vague it is hard to enforce.

But the court would not have jurisdiction over the other employees unfortunately.

If a co-worker started harassing/commenting on it it is possible to get a specific order against that employee as well but that would be separate from the child support issue.

Customer: replied 1 month ago.
That's exactly what I was asking.. Is there an order that can be enforced that she won't slander his name and cause discord at their place of employment. She was under the impression that things would be under different circumstances once the news came to me. But my husband and I are working it out and he doesn't have any contact with her. I believe that there will be some sort of craziness. I'd like for us to be prepared.

That would be a protective order and it could state that the individual will not disparage or defame the other party. That can be entered as part of the child custody/support case (that is not uncommon in family law cases).

The party could also be precluded from discussing matters relating to the child but that can be difficult to get a judge to grant since often parents do talk about their children in the workforce- so the sucess of that is not likely.

If a party harasses/stalks another, that is also a criminal offense, and can give rise to a civil suit. It would require witnesses and that may fuel more issues.

Customer: replied 1 month ago.
Thank you.. Once an agreement is reached, may I follow up for help with forming this agreement? If so, what is that charge?
Customer: replied 1 month ago.
Also, the agreement proposal

Unfortunately I don't participate in the premium service of preparing or reviewing legal documents; you can open a new request and label it as "Document review" or "document drafting" so an attorney that participates in that program can assist you!

Customer: replied 1 month ago.
Thanks. Would they be easy to find online?

Not really as they are custom drafted to reflect the needs of the parties; most attorneys have documents they have compiled over the years so they can copy and paste relevant provisions and then customize it accordingly.