Chantilly, VA asked in Child Support for Virginia

Q: We have a child support modification hearing in July 2020. Father complains this entire time that he shouldn't have to

Pay support. I have sole physically custody. He has been paying 216.00 but his income increased by 25% and our son's needs are greater since he is older. I filed a petition and he turned around and wrote an opposition saying I hold a nail technician license and could be making more money, but I have choosen to work overnight for the past 6 years same job even before we broke up 3 years ago to be able to be there for our son and avoid child care cost. I have continued this job as I have no one else to take him to school and pick him up and I worry about situations occurring. My overnight job provides me with security for him and I. Can a judge look into imputed the fact I have a professional license? Even though I have never personal worked with my professional license Will the judge even look over his opposition which sounds like he is just trying to get out of an increase even though he makes over 20% more than I do and I support our son 100% in everything

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1 Lawyer Answer
Michael Christopher Miller
Michael Christopher Miller
  • Vienna, VA
  • Licensed in Virginia

A: The judge has to determine the guideline amount of child support per Va. Code 20-108.2. That is using incomes, daycare costs, health insurance, etc. as they presently are, i.e., the court initially takes you as they find you.

The guideline amount is presumed correct, by statute.

If the other party wishes to make the case that you are voluntarily underemployed, the judge must then turn to Va. Code 20-108.1.

The first requirement is that the judge make a written finding that the guideline amount of support is unjust or inappropriate. You would have the opportunity to respond to allegations that you are underemployed.

If the judge makes the written findings that the presumed correct guideline amount is unjust or inappropriate, then the hearing continues to determine what, if any, income should be imputed to you.

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