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  1. #1
    Join Date
    Sep 2010
    Posts
    6

    Default How to Get a Child Support Reduction

    My question involves child support in the State of: Virginia

    Hello,

    I have a 15 year old son with an ex-girlfriend. I have been paying child support this whole time and am also paying for his medical and dental insurance. 3 months ago she filed a motion to have my income reviewed and we found out that I have been overpaying her by $200 a month. Obviously, she was very unhappy and shocked. Once we got into the courtroom the judge asked her if she wanted it lowered, and she withdrew the motion and the case was dropped. I then filed a motion to have my income reviwed (since the Judge would not let me do it on that day), this court date is in 2 weeks.

    She has hired a lawyer who has issued my with a subpoena duces tecum. I was not lying or witholding any income from the court on the original court date that she filed agasint me. I have had a lower paying job for the past 2 years and a new child with my current wife. I never filed a motion to have it reduced when my income was lowered, but now that i realize that i am paying too much, i wish to have it lower.

    Do I need a lawyer on my court date? I am afraid that her lawyer could do something that I will not be able to defend myself against. I am just an honest guy trying to be a good parent and trying not to get taken advantage of.

    Thanks for your time.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Get a Child Support Reduction

    You can proceed without a lawyer. Often, though, when one party is represented and the other is not, the unrepresented party is at a disadvantage; but the application of a child support formula is pretty basic stuff.

  3. #3
    Join Date
    Sep 2010
    Posts
    6

    Default Re: How to Get a Child Support Reduction

    Thanks for your comment. I know I don't need a lawyer, I just don't want to get screwed over . . . and at the same time I can't afford a lawyer.

    Any ideas if I could get back pay for the past 2 years of overpaying? (I know I'd need a lawyer to help with this)...

  4. #4
    Join Date
    Jul 2010
    Posts
    17

    Default Re: How to Get a Child Support Reduction

    Unfortunately you aren't going to get back any money. It was your responsibility to request a modification when your income was reduced. They will only back date it to the date the mod was filed with the court.

  5. #5
    Join Date
    Jan 2010
    Location
    Oregon
    Posts
    123

    Default Re: How to Get a Child Support Reduction

    yeah, no way to get back any money ever, your lucky if they dont take extra let alone give back any!!


    I personally would get a lawyer, you dont need one but it is a good idea. Lawyers and courtrooms have their own language, if you dont understand what they are saying to eachother then they can blindside you. You may think it is a normal conversation but the lawyer knows that "this" plus "this" is something entirely different then what you think it is and he can hint to things with out you knowing it and he can set you up for a trap. I know its only CSEA but its still a danger to walk into any courtroom and go up against a lawyer on your own, never bring a banana to a gun fight!! you could be ok but most likely are going to get the results you could get.

  6. #6
    Join Date
    Dec 2007
    Posts
    529

    Default Re: How to Get a Child Support Reduction

    The only reason I would advise getting a lawyer is because most lawyers won't take a case unless they feel they have a chance of winning. Everytime I seek a lawyer for one thing or another, they pretty much tell me straight up, I have no chance of winning or I have a good chance of winning. Then tell me what their fees are. I am guessing her lawyer must of saw an angle for him to take this case. Especially because its already been through the courts and the judge ruled against her.

    If you don't go with a lawyer find out how long you have to appeal (hopefully you won't have too)...just in case.

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