Legal Question in Family Law in Virginia
Question in regards to Child Support Payments
I believe I'm overpaying for child support. I earn 48,000 per year. She earns approx 36,000 She pays for the childs insurance. I pay 740.00 per month, a figure that seems quite high. I'm falling behind in child support payments and other bills cause I cant afford it. We had to claim bankruptcy when we divorced (finalized in Dec. 2000). Her lawyed argued that I made an avg of 65-70,000 per year which I did but the market for my job (new home sales) is not what is once was. All companies have either downsized or moved to other states. I earned approx 30,000 last year and found this job in September 2000. I earn a salary of 48,000. I dont want to over pay but certainly dont want to over pay either. Please help. My ex-wife is threating legal action but I dont have the money to pay her. Call or write ASAP!!!!!
2 Answers from Attorneys
Re: Question in regards to Child Support Payments
As usual, it depends. If there is only one child and no work related child care expenses, you should be paying less. If mother needs to pay for child care in order to work, or if there are two children, you may be paying more or less, depending on the facts. The amount of child support is determined by statute, with infrequent variations from the statutory guidelines.
Re: Question in regards to Child Support Payments
You need to get to an attorney and have the statutory guidelines run on those figures. There are a number of factors which enter into the calculation.
The applicable Virginia statute is 20-108.2, Code of Virginia 1950, as amended.
If you are in Tidewater area, in my office the initial consultation on this type of case is free. Many lawyers take the same approach.
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