Can my ex-husband reduce child support?

[lcsmall]

I currently live in the state of Virginia. My exhusband and
I have been divorced 5 years. One son, 5 years old. We have both remarried, him 3 years ago, me 5 months ago.
He is now asking for a reduction in child support. His new
wife came into a large inheritance before they were married and does not work. They have 2 new trucks, 2 boats, and a $200,000 house all bought with her inheritance and is upper class for this area. My husband and I have a new modest house ($152,000) and 2 modest cars (both 97s).

My question is does her inheritance money count as family income? Or could they argue that my income had doubled since my remarriage, but his has not because his wife does not work? Does her inheritance and obvious wealth count in deciding the fairness of a child support payment? His argument is that my household income has doubled while his has stayed the same, and he cannot afford the same amount of child support because of a baby on the way.

Original child support was based on our incomes at the time of separation, no other income for either. Talking to other people it seems about average. Any help or advice is greatly appreciated. Thank you.

 

[LadyBlu]

I currently live in the state of Virginia. My exhusband and
I have been divorced 5 years. One son, 5 years old. We have both remarried, him 3 years ago, me 5 months ago.
He is now asking for a reduction in child support. His new
wife came into a large inheritance before they were married and does not work. They have 2 new trucks, 2 boats, and a $200,000 house all bought with her inheritance and is upper class for this area. My husband and I have a new modest house ($152,000) and 2 modest cars (both 97s).

My question is does her inheritance money count as family income? Or could they argue that my income had doubled since my remarriage, but his has not because his wife does not work? Does her inheritance and obvious wealth count in deciding the fairness of a child support payment? His argument is that my household income has doubled while his has stayed the same, and he cannot afford the same amount of child support because of a baby on the way.

Original child support was based on our incomes at the time of separation, no other income for either. Talking to other people it seems about average. Any help or advice is greatly appreciated. Thank you.

Ok, first of all the only incomes considered when computing support is that of the two bio parents, neither of the steps incomes are a factor.

Second of all if he has a lower income now then he did five years ago, that is his tough luck... he is capable of making XX amount of money and the court will look at that.

Following is a link that will give you more info regarding how child support is modified and for what reasons in VA:

http://www.divorcesource.com/VA/info/csmodification.shtml


Hmm, according to this site that I just listed, VA does consider the income of cohabitants and new spouses.. *S* lucky you..


Here are some of the factors generally considered for modification:



The parent's income and earning capacities.

The assets that are available for support.

The employee benefits of each parent.

The income of a new spouse or cohabitant.

The new family responsibilities of each spouse.

The increase in the cost of living.

The change in cost of rearing the child.

The heath conditions of parents and child.

The modification of custody arrangement.