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In Need Of Advice On Split Child Support Virginia

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  • In Need Of Advice On Split Child Support Virginia

    Hi,

    I'm very confused right now. And to get to my question. I'd like to explain this situation....

    A few years ago, I went through a divorce in which the courts granted joint custody of my two children to my ex and I with physical custody going to me. My ex-husband was ordered to pay child support for our children and he's had it garnished weekly from his wages. A year ago, I remarried and moved to VA from NY. Due to hostile circumstances (my son was physically abusing my daughter), I discussed with my ex-husband to have our son go back up to NY for the remainder of the school year which is 7 weeks through August. At which time, my son would be able to come back here to VA. This time was needed in order to get both children therapy and time apart. To be fair in this whole thing, knowing my son would not be here in VA with me, I started sending half of the child support payments back to my ex-husband for our son's support and using the other half for our daughter's care. I received papers from the NYS Family Court today advising me that I'm to appear in court for child support being ordered against myself for my son. I don't quite understand how this is going to go about. I have bank records showing that half the support is indeed going to my ex-husband for support. My question is, if one child resides with me here in VA and the other resides in NY with his father, do we both have to pay each other support or will the situation cancel itself out? My ex wants the original order stopped completely.

    Any advice would be most appreciated, Thanks!!!!

  • #2
    Originally posted by FuchsiaOrchid View Post
    Hi,

    I'm very confused right now. And to get to my question. I'd like to explain this situation....

    A few years ago, I went through a divorce in which the courts granted joint custody of my two children to my ex and I with physical custody going to me. My ex-husband was ordered to pay child support for our children and he's had it garnished weekly from his wages. A year ago, I remarried and moved to VA from NY. Due to hostile circumstances (my son was physically abusing my daughter), I discussed with my ex-husband to have our son go back up to NY for the remainder of the school year which is 7 weeks through August. At which time, my son would be able to come back here to VA. This time was needed in order to get both children therapy and time apart. To be fair in this whole thing, knowing my son would not be here in VA with me, I started sending half of the child support payments back to my ex-husband for our son's support and using the other half for our daughter's care. I received papers from the NYS Family Court today advising me that I'm to appear in court for child support being ordered against myself for my son. I don't quite understand how this is going to go about. I have bank records showing that half the support is indeed going to my ex-husband for support. My question is, if one child resides with me here in VA and the other resides in NY with his father, do we both have to pay each other support or will the situation cancel itself out? My ex wants the original order stopped completely.

    Any advice would be most appreciated, Thanks!!!!
    It could go either way, depending on the difference in incomes. If your incomes are similar, it's likely that the court would order no CS at all. However, if one income is substancially higher than the other, the court would likey order the larger income parent to pay some CS.

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