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?