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JPEsq.
JPEsq., Lawyer
Category: Family Law
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Experience:  Published articles on family law, featured in several publications for successful trial work.
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I have left my employment 3 months ago, I share custody of

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I have left my employment 3 months ago, I share custody of my 11 year old daughter w/ my ex wife. I agreed to pay $450 per month when we split two years ago, she was not working and I was the bread winner. The agreement is " unless there is a change in material circumstance with which case the support will be recalculated according to the statutory guidelines." She now makes $27000 per year. If presented to social services, who would pay and how much?
Submitted: 2 years ago via ChildSupportLaws.
Category: Family Law
Expert:  JPEsq. replied 2 years ago.
if she is now working, your child support should be modified to reflect her income. But your work situation may or may not be considered... since you left your job, are you working now? Expecting to work? If so, what was your income, what is your expected income?
Customer: replied 2 years ago.


I am currently searching for employment, so I am expecting to work it's a matter of who for, when and how much. I was making $67000 but now I'm not. My pockets are not deep and I am living off my savings now.

Expert:  JPEsq. replied 2 years ago.

Without information on your income, it will be impossible to estimate your support obligation.

The best I can do right now is provide you with a shared custody child support calculator for Virginia: http://supportsolver.com/2004/dc640_04.htm

 

There is nothing wrong with attempting to modify your support, and social services will not hold it against you. But as someone who (I am guessing by your choice of words) voluntarily left his job, your support may not be modified... There is also the additional issue that you will probably be employed again shortly, and another review and adjustment would have to happen then.

 

Still, you should attempt it. You can follow the instructions on this form and request a review and adjustment: http://www.dss.virginia.gov/files/division/dcse/intro_page/parents_guardians/forms/032-18-0820-04-eng.pdf

Mail here: http://www.dss.virginia.gov/family/dcse/index.cgi

Any time there has been a decrease in income by 25%, you can request adjustment.

Customer: replied 2 years ago.


Thanks for the child support calculator for Virginia, I wasn't able to access it at the State's web site. Very helpful. Also, I appreciate your caution in reference to the voluntary leave. I was concerned that the Virginia law favored the mother. After using the calculator, I will be able to present my findings to the mother and hope that we can resolve this without legal action.

Expert:  JPEsq. replied 2 years ago.

No problem, good luck.

 

One other note, it is common to impute minimum wage to an unemployed person for suypport purposes, even for temporary orders. So you don't want to give yourself zero income, you shuold base it off a full time, minimum wage job.

 

 

Please do not forget to rate my answer positively so I may receive credit for my time.

JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5104
Experience: Published articles on family law, featured in several publications for successful trial work.
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