Legal Question in Family Law in Virginia
50/50 custudy and Child Support
I am asking this question for my brother. He and his girlfriend had a child together He was 19 she was 21. they seperated a year later. She took him to court 3 months after for Child support. The judge ordered he pay $800 a month plus keep medical insurance on his daughter ($150per month) and said he had an arreage balance of $2400. He has had to drop out of school and get a second job (at the judges suggestion) to afford his child support. They take 65% of his checks every week and it still is not enough to pay for it fully. He is getting farther behind every month. In the beginnig he had his daughter Every weekend from 6pm on Friday to 8am on Monday. He now has his daughter From Thurs. at 6pm to Mon at 8am (When he drops her off at daycare). Today he went to the DCSE office to try to get his child support lowered because he has her half of the time and they told him he could not appeal the order until he pays of the arreage and they only review the order every 36 months if requested.He doesn't have the money to pay it off (2 yrs. later it is $3900) He only makes about $1450 a month. Is there anything he can do to help lower the support amount. His ex has now finished school and makes alot more money than he. Thank you
1 Answer from Attorneys
Re: 50/50 custudy and Child Support
Your brother is likely at the point where it would be advisable for him to retain the services of an attorney who is not only knowledgeable regarding the Commonwealth's child support laws, but who also is fully familiar with the practices and procedures of the Commonwealth's Child Support Enforcement Agency known as the Division of Child Support Enforcement(DCSE).
A child support obligation of $800 per month + $150 for medical insurance
based upon a gross monthly income of only $1450 sounds quite high and something may be amiss with the way the Virginia Child Support Guidelines were calculated and applied to your brother's case.
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