Legal Question in Family Law in Virginia

PLEASE Help me with this huge child support mess!

My husband began his own S-corp in Virginia seven months ago when he was fired from his last job. He is the only current shareholder, and rather than getting payroll checks he has taken draws out of the business account each month in varied amounts. There are no loans involved, as the company was started with his own money. Meanwhile, his first wife has filed a case for nonpayment of child support (He has only been able to pay her $600 of their $1200 agreement for the two children each month for 4 months n, in addition to losing health insurance for himself, her two children, and our child.). This child support agreement has not been adjusted since before we had our child together three years ago. He has filed to adjust the child support now, after she has filed her case. She now makes more money than he does (she's been promoted several times). Our court date is in a month. I have just taken over his bookkeeping but have not put myself on the payroll. My questions are:

*Is she likely to come after the shares of the business even though they're not worth anything yet?

*How will they base child support on his income when his income varies drastically?

*Should I continue allowing him to take a draw, or should I write him checks


Asked on 2/03/09, 2:18 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: PLEASE Help me with this huge child support mess!

Your husband's income will likely be averaged over the appropriate period of time to determine what his child support obligation should be under the Virginia guidelines.

Allowing your husband to continue to draw what he wishes from the business account is probably not a good idea under these particular circumstances, and writing him a check that more or less accords with the value of his services is likely the preferable approach.

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Answered on 2/03/09, 3:59 pm


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