In Same Household with Children and Legally Married - Need to Fight a Support Order

[LTF]

My question involves child support in the State of: Virginia

Long story short - I was unemployed for a period of time and when I got a new job, my wife did not think I was contributing towards the household enough. We've always had seperate accounts.

She fild for child support, and we went to the district office and it was awareded to her. I told the clerks we still lived in the same house and I was paying for bills, they told me it didn't matter.

We've since had another child together and she filed for more support. After going back to the District Office, I told the clerk I wanted to go to court.

Our court date is in a few weeks.

She filed a Pettition for Child Support.

I spoke briefly with a Divorce Lawyer who told me I needed to file a Motion to Ammend the order. He agrees that since we live together, I contribute to the household and daily care for the children, that the support order should not be in place.

But, I can't afford to pay for his services at this time. Support orders garnish too much of my income at the moment and I live paycheck to paycheck.

Two part question - should I file the Motion to Amend calling for the order to be terminated when we already have a court date later this month?

And if I go to court with receipts of groceries/utilities in my name, etc and explain to the judge that we live together, there is no custody agreement, there is no seperation agreement and that I am involved in my childrens lives daily.... that he should remove the Support Order altogether?

Worst case scenario, if he doesn't, then file the motion to ammend at that point?

[Mr. Knowitall]

You were advised by a lawyer, based upon a much more complete review of your case than we can offer, that you should file the motion to amend. We're not in a position to second-guess your lawyer.

What will happen in court? That depends upon the evidence and arguments presented.

If you choose not to raise the issues at the time of the pending hearing, a court may find that they are not sufficient to form a basis for revisiting that decision.