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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I have two children, ages 5 and 3. Their support order was

Customer Question

I have two children, ages 5 and 3. Their support order was set in the state of Virginia. My Ex-wife currently lives in Connecticut and I will live in Massachusetts for the next two years. My question is, based on my 5 year old starting kindergarten and thereby reducing her overall child care costs along with the fact that I am unaware of the current earnings of my Ex-wife, how do I determine if it is worth pursuing a modification to the support order in order to lower my monthly payments. She has filed paperwork to allow Connecticut to enforce the support order as set forth in Virginia.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regardAre the day care costs a part of the original child support order?
Expert:  Samuel II replied 1 year ago.
In other words, do you recall if they were brought up at the time the support was ordered and were they used as part of the calculation for your payment?
Customer: replied 1 year ago.
Hi Samuel,Yes the child care costs were part of the consideration when the support order was put in place.For clarification I have no idea what my wife's current employment situation is.Jared
Expert:  Samuel II replied 1 year ago.
Hello JaredThank you for this information.Ok, you need to file a Modification in Connecticut in the Circuit/Superior Court in the county where they live. You said CT is the enforcing state at this time, so that is where you file. Once you file, you can then request subpoenas for the documents you need to see how much she is earning, her bank accounts, etc. Keep in mind that because the child is still "Growing" his needs may be different but monetarily the same - for instance, he will now need school supplies, clothes, field trip money, etc. And that even though you file for a reduction in your modification, the court can actually increase the monthly amount if the Mother can show that it is warranted. If you want to file the Modification, go to the clerk of the court and request the packet of documents to do that - or call and have the forms emailed to you.
Customer: replied 1 year ago.
What are the types of things you consider before recommending someone file a modification? In general.Would you recommend that I move for modification in order know for sure if my Ex-wife is employed, or is the risk of an increase too high?
Expert:  Samuel II replied 1 year ago.
HelloI cannot make recommendations to you. You need to make the decisions.I suggest, that you need to look at everything. Just because a child is now 4 or 5 and going to public school in no way diminishes his food intake - right? As a matter of fact, he's a growing boy and is probably eating more. His clothes will still be necessary and there are still going to be those additional costs for things like field trips, the lunch program, extra curricular sports activities. Was the day care expense broken out in the order? By how much? I mean you are looking to have you support modified by that amount, correct? So how much are you talking about? $400 a month? $250 a month?
Expert:  Samuel II replied 1 year ago.
And so I suggest, that you look at that amount and then weigh the new expenses that will be incurred as your child grows. The court will look at all of that.
Customer: replied 1 year ago.
Assuming in this case the final decision in child support will continue to be made by the courts in Virginia...The sheet at http://www.courts.state.va.us/forms/district/dc637.pdf shows what Virginia considers in the support decision. Only Income and "Monthly amount allowable for employment-related child care expenses" are part of the consideration.If my 5 year old starts school then the cost for her child care should decrease since half the day she will be in school vice day care.If my ex-wife is no longer employed then the support will decrease significantly based on the worksheet.Are there any other things that I should research or consider before making my decision as to whether or not I pursue a modification?
Expert:  Samuel II replied 1 year ago.
Thank youI suggest you have it covered. Whether CT or VA, the courts will look at the worksheets.

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