Legal Question in Family Law in Virginia
I am an active duty military service member who recently applied for early retirement due to non-competitiveness for promotion. I am currently paying child support -$950 per month. I make about $45,000 per year but when BAH (Military allowances, such as BAH and BAS, are considered income under the Virginia Code and is included in the calculation of support) is included, I make an additional $25,000 for a total of $70,000. I am due to retire from the military in a few months (voluntary retirement) and for planning purposes, I am unsure how to proceed with my plans without understanding the legal impact with regards to child support for my scenario:
Option 1: I would like to start my own business (my wife makes a great salary and would support the family as the business grows-my retirement will cover medical ($500 per year) and $1400 a month gross)
or
Option 2: I currently don't have a degree and so I would like to pursue finishing up my degree full time and work part time. I should receive my degree in 2 years
or
Option 3: Get a full time job (BLS states that the average salary for non degree is $30,000 a year) and request a modification to reduce child support.
In regards to option 1, what is the most probable outcome if I present this as my motion to reduce child support as I work on building the business. Most startup business takes a year or two to make a profit.
In regards to option 2, the likelihood of making the same $70,000 a year with no degree is slim to none and I will no longer receive the BAH allowance once retired. Additionally, at best, I was a "c" student so, going to college full time with a full time job would be a disaster but not impossible. In my opinion, it makes more sense to go to school full time and attain a degree in 2 years (which will allow me to get a good job) rather than to work full time making less and taking 5 years to obtain the degree.
In regards to option 3, I know Virginia law views your earning potential based off previous salary. In this case, my earning potential is significantly less when excluding BAH and the fact that I don't have a degree
I understand the courts perspective is the best interest of the child; So legally, what options should I pursue or have?
Lastly, my intent with this question is strictly for planning and not to escape my responsibility of support. I know that I am completely responsible for her financial and emotional well being.
1 Answer from Attorneys
Assuming that your wife would oppose each of the options you've
described, in my opinion the Virginia judge hearing the matter would likely decline to grant your motion to reduce your child support obligation with respect to the first two options but as to #3 might well reduce it depending upon the credibility of the documentation and related verifiable facts used to support this motion for a reduction.
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