If your ex-husband has a child with another woman, it does not affect the Virginia child support that he owes you and your children. Starting a second family does not release your ex-husband from the responsibility of providing for your children.
While your ex-husband does have the right to request a modified Virginia child support order because of his new responsibility, most courts will not allow the initial order to be changed. The only case in which your ex-husband may be released from paying child support is if your children are adopted by your new husband.
If your ex-husband remarries, please note that his new wife’s income cannot be used to request additional Virginia child support because she is not legally related to your children.
If your ex-husband is refusing to make Virginia child support payments because he is having a child with another woman, you should immediately speak to an experienced Virginia Beach divorce lawyer. Your lawyer can help you file a complaint with the court in order to collect unpaid child support. In some cases, the court can order your ex-husband’s employer to withhold wages from his paycheck in order to pay you the Virginia child support to which you are entitled.
You should speak to a Virginia child support lawyer as soon as possible if you have questions about child support. At Hofheimer Family Law Firm, we understand that the health and happiness of your children is your #1 concern. We will work with you to address any fears and anxieties you may have about your children’s future. Our women’s-only divorce attorneys will guide you every step of the way to advocate that you achieve the best possible child custody and child support arrangements for you and your children.
To learn more about your Virginia divorce, request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar – 757-425-5200.