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I was assessed child support for a newborn child based on…

Customer Question
I was assessed child...

I was assessed child support for a newborn child based on the mother's employment status (she no longer works) and her other three children (not mine). Is this correct? Why would their fathers not be the responsible party for their own children?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I just went to an appeal hearing. That is when they explained what was the basis for the amount.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My income is way below what they calculating. I am only working @35 hrs per week (it is the slow season) so I am worried that at times I may not have enough to cover it and get in trouble for it.

Submitted: 7 months ago.Category: Family Law
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Answered in 2 minutes by:
10/2/2017
Family Lawyer: Barrister, Lawyer replied 7 months ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 41,618
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Has this been through the court with a DNA test being performed to determine paternity?

.

Are you saying that you are being charged for all 4 children, not just the one that is yours?

.

.

thanks

Barrister

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Customer reply replied 7 months ago
There was a DNA test showing I am the father of the newborn. When I checked the VA guidelines for child support, the amount assessed was either based on me making three times what I make or appropriate for support of 5-6 kids. In the hearing I explained that. It was during the appeal hearing that the case worker representing the mother, stated that the amount was not determined by my ability to pay but by the conditions of the mother who is no longer working and has three other children (that are not mine).
Family Lawyer: Barrister, Lawyer replied 7 months ago

Ok, then that is actually the right calculation because you aren't paying for the other 3 children. The formula that is being used is just based on her having a total of 4 children and your support is based on the other 3 children being supported by their father.

.

It actually lowers the individual amount of support awarded per child as the number of children a woman has increases..

.

So for example if a woman has one child, it might be $500 a month. But if she has 2 children, the 2nd amount might be $400 more, the third, another $300.. It isn't the exact same amount of support per child no matter how many children someone has.. like $500 a child..

.

And they use a formula that imputes a minimum amount of support that is mandated, but it isn't determined on the parent's current income because a parent could be voluntarily underemployed or not employed at all, but they are still ordered to pay support..

.

.

thanks

Barrister

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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 41,618
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Experience: Attorney with 17 years experience

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