Can hostility between a father and mother affect the amount of child support in Virginia?
In an unpublished opinion, the Virginia Court of Appeals affirmed a divorce court’s decision to increase the amount of child support to cover childcare expenses because of the ongoing hostility between the husband and wife. Kappeler v. Kappeler, No. 0292-09-4, (October 13, 2009). http://www.courts.state.va.us/opinions/opncavwp/0292094.pdf
The ex-husband father and ex-wife mother had split joint custody of their children. The children were enrolled in both before and after school childcare. The mother filed a motion to increase child support to cover the costs of after school childcare not covered by the divorce decree. Father also filed a motion to decrease child support. As required in a motion to modify child support, both parties alleged a material change in circumstances: for the mother, a decrease in income and the desire to establish after school child care when she had custody, and for the father, his willingness and availability to provide such after school care.
The former husband testified in the divorce court that he was available to take the children after school and that after school childcare was not necessary. The former wife testified that the former husband’s behavior was controlling and invading, with tension, hostility, anger and volatility. The divorce court found a change in circumstances and granted the mother’s motion to increase child support and denied the father’s motion to decrease child support. The divorce court noted that the children could likely be exposed to the hostility between the mother and father during the daily transfers if the father were permitted to provide after school care. The Virginia Court of Appeals held that the trial court had not abused its discretion in finding changed circumstances and that the pleadings were legally sufficient to raise the issues for the trial court’s decision.
You should consult with your Virginia family law lawyer to discuss whether hostility with your husband or wife may affect your child support payments.