I was in the military for 14 years and separated in may. and neither me nor my ex wife had a child support redone since i dont make the same amount of money that I did when I was in. Am I still liable for the set amount if I have been on unemployment since my separation since may. And going to school. Our set amount was 700 a month for two kids. But I never did an adjustment with the statement. So now she is tryin to get me for non payment when I have paid her. But she wont continue to get the full amount because obviously I do not have the prior military income i had before with being on unemployment.
State/Country relating to question: Virginia
I havent tried anything yet. I have court on friday and live out of state in michigan and have to drive to virginia beach for court.
You are liable for your child support payments until you modify them. So if your income has changed, until the court orders a modification, you will still be liable for the set amount. However, the judge can allow you a lower amount retroactively since your separation. This does not happen often, but the judge can allow you to pay a lower amount (this would probably only apply though, if you are behing--the judge will not give you a credit going forward if that makes sense).
In the future, as soon as your income changes, you will want to ask for a modification of support. You can do this at any time, and the court will always lower or increase the support if the change in income is enough to justify the change.
Thanks and good luck!
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Please let me know what other information I can provide.
Now are cases like this infront of a judge or an arbitraitor... And my thing is also is that I have given her the set amount as up until september. but she filed back in may.. When at the time i was behind because I waiting for a severance pay from the Navy.. She had filed on the 20th of May and I received my payment from the military on the 23rd.. of May.. I just am trying to figure if I am going to be screwed... And i had my kids through out the summer in most cases would I have to pay her for the 3 months they were in my custody in the state of michigan
Often times cases like this are in front of an arbitrator, but can be in front of a judge as well. I think you have a strong argument that you should not have to pay as much child support for the three months the children were with you. They may require that you have to pay some support for those months, because support is used for things like rent and transportation etc. that still have to be paid when the children are with you. However, you have a strong argument that you should not have to pay a full amount because they were with you and you had to pay for food, etc.
Either way, you will have a chance to tell your side of the story and explain. I do not think that you will be screwed, as you put it, but it is my experience that both sides usually come away unhappy after a hearing like this--usually because you will think you are paying too much, and she will think you have to pay too little. Take all documents that you have that can verify your income/unemployment as well as bank statement or canceled checks that show your payments in the past. You might not need all of this, but if you do, it is good to have it.
Please let me know what other questions you have.
Last question and I appreciate everything. Now getting an adjustment of child support with me living in michigan and my child support being overlooked by the state of virginia .. do i have to go through the state of virginia or can I go through the state of michigan which in turn would contact the state of virginia. And how do I go about getting these documents are they online . only in person?
Typically the child support would be handled by the State of Virgina. Most states have these forms on their court websites. Here is a link to the page that contains these forms in VA. http://www.courts.state.va.us/forms/district/jdrcourt.html
Which exact form do I need to print out and fil out though , shared ,split or income deduction for support
Do you have shared or Split Custody? I would think it would be split.
I believe according to our most recent mediation its still constituted as she gets child support for Shared Physical Custody since the kids live with her and even with me moving out of state its never been amended.. So shared would have to be it , if nothing in writing has been changed ...?
Yes. That is correct.
I am a practicing attorney with experience in many fields
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