Legal Question in Family Law in Virginia

Re: Child Support Question

Hello.

Well, you husband did the right thing by immediately filing a Motion to Amend. If the Judge changes the amount of child support for cause, then the reduction will be retroactive to the date the mother of the child was served with his Motion.

Your husband's change of circumsances is obviously that he has become underemployed or unemployed through no fault of his own and that he has had to accept a lower paying job or has not found a job yet.

People who become uemployed through no fault of thier own must try to replace their income as quickly as possible. They do not have to accept a minimum wage job if theyt had been making a substantial income. They must prove to the court that they ae using their best effors to seek the most appropriate kind of employment. The rule dovetails with the law that says parents are obligated to make the maximum amount of income that they can in support of thir children.

Child support, as you know, is based on the gross income of the parties. What constitutes "income" is defined in Virginia Code Section 20-108.2. Do a Google for "Virgini Code". A person's assets are not relevant to child support. The Code is only interested in "income" of the parent. The equity in the real estate will not be considered.

The court may never make a person sell any asset to satisfy child support. However,by Code, unpaid child support becomes a JUDGEMENT by law. A smart part may take several actions to collect on the judment. They can ask the judge to increase a wage assignment. They can file a lien on real estate. In the usual case when there is an arrearage, the judge will usually make the person pay an extra amount each month in satisfacion of the arrears.

I hope this helps. Good luck.