Thank you for your clarification.
For calculation of child support, neither parent can "under-employ" themselves. A party has to show that it is not "voluntarily unemployed or underemployed." Antonelli v. Antonelli, 409 SE 2d 117 - Va: Supreme Court 1991
This essentially restates Virginia Code § 20-108.1(B)(3)
"Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the custodial parent
when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that any consideration of imputed income based on a change in a party's employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party."
In other words, neither party can be underemployed and if he had no reason to quit that job, the Court may decide to still include its income in the calculation.
It is his choice to go for a hearing or not. There is a preset salary percentage calculation for child support (see here
), but this can be altered if both parties agree to a lesser or higher amount or do not put child support in the orders all-together; the Court will only impose default child support if the parties cannot agree.
If finances is an issue for counsel, I can recommend three resources. First, here is a list of all pro bono work in the state...http://www.abanet.org/legalservices/probono/directory/virginia.html
…and another list:http://www.lawhelp.org
Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:http://www.hg.org/law-schools-virginia.asp
I hope this helps and clarifies. Best of luck.
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