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  1. #11
    Join Date
    May 2012
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    140

    Default Re: Will He Go to Jail if a Judge Tells Him to Get a Lawyer

    Quote Quoting flyingron
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    Turn it over to your lawyer. Frankly, unless you have some unusual agreement all he has asked for is 100% immaterial as Virginia doesn't use any of that stuff in computing child support. It's pretty much a direct function of your respective salaries.
    I am not able to afford a lawyer at this point. I am currently looking into finding one that offers free consultation. the daycare cost and what I pay for health insurance is also being used to calculate child support. I am sure he is trying to find ways to lower the child support payment. He is also probably making more money then earlier this year so he is lookging for more stuff he can use to lower the monthyl payment.

  2. #12
    Join Date
    Sep 2010
    Posts
    19,476

    Default Re: Will He Go to Jail if a Judge Tells Him to Get a Lawyer

    The basic Virginia child support is purely determined by relative incomes and number of children each is responsible for. Unless there is some unusual written agreement as to childcare, it's largely irrelevant. If you're getting into the realm where childcare is a factor, you're going to need a lawyer.

  3. #13
    Join Date
    Oct 2006
    Posts
    15,981

    Default Re: Will He Go to Jail if a Judge Tells Him to Get a Lawyer

    Quote Quoting flyingron
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    The basic Virginia child support is purely determined by relative incomes and number of children each is responsible for. Unless there is some unusual written agreement as to childcare, it's largely irrelevant. If you're getting into the realm where childcare is a factor, you're going to need a lawyer.
    This calculator for VA includes health insurance and daycare expenses:

    http://www.vasupportcalc.com/child-s...ed-calculator/

  4. #14
    Join Date
    May 2012
    Posts
    140

    Default Re: Will He Go to Jail if a Judge Tells Him to Get a Lawyer

    Quote Quoting flyingron
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    The basic Virginia child support is purely determined by relative incomes and number of children each is responsible for. Unless there is some unusual written agreement as to childcare, it's largely irrelevant. If you're getting into the realm where childcare is a factor, you're going to need a lawyer.
    Child care and Health Insurance is being used in VA to calculate child support. It was also included when we did it through the child support department.

  5. #15
    Join Date
    May 2012
    Posts
    140

    Default Re: Will He Go to Jail if a Judge Tells Him to Get a Lawyer

    Not starting a new thread so I hope someone will see this question

    We calculated child support in April (I started to work in April and my daughter started preschool) with a court ordered mediator. We used my income, my exes income, and cost of preschool. Because my daughter was starting Kindergarten in August, the mediator used the amount of preschool from April-August (including august) and divided it by 9 (remaining months of the year). We both agreed that we will recalculate the child support amount in 2019 when it was just the cheaper after school program. After the court order was finalized, I realized that we did not include the cost for the after school program from September-December. I decided to just leave it at that.

    Now my ex is in contempt and we are going back to court. He requested proof of payment for her after school program as well as some other things in regards to money. Considering that we are going to court because he is in contempt I am expecting him to try to lower the monthly support. Childcare cost plays a big role. Her Preschool was $1050 a month and her after school program now is only $420 a month. But if he does request a recalculation because of the lower daycare cost, am I sol? Will the court only accept the amount I currently pay and nothing I paid earlier this year?

  6. #16
    Join Date
    Oct 2006
    Posts
    15,981

    Default Re: Will He Go to Jail if a Judge Tells Him to Get a Lawyer

    Quote Quoting kathak
    View Post
    Not starting a new thread so I hope someone will see this question

    We calculated child support in April (I started to work in April and my daughter started preschool) with a court ordered mediator. We used my income, my exes income, and cost of preschool. Because my daughter was starting Kindergarten in August, the mediator used the amount of preschool from April-August (including august) and divided it by 9 (remaining months of the year). We both agreed that we will recalculate the child support amount in 2019 when it was just the cheaper after school program. After the court order was finalized, I realized that we did not include the cost for the after school program from September-December. I decided to just leave it at that.

    Now my ex is in contempt and we are going back to court. He requested proof of payment for her after school program as well as some other things in regards to money. Considering that we are going to court because he is in contempt I am expecting him to try to lower the monthly support. Childcare cost plays a big role. Her Preschool was $1050 a month and her after school program now is only $420 a month. But if he does request a recalculation because of the lower daycare cost, am I sol? Will the court only accept the amount I currently pay and nothing I paid earlier this year?
    You can certainly argue that the cost of preschool from April to August was including in the original calculation divided by the remaining 9 months of the year, therefore it needs to remain in the calculation for the rest of the year. If a recalculation is to be done you can also argue that the after school care costs now need to be included in the calculation as well. You can also point out that during the summer months she will need all day daycare and that that should also be included in the calculation.

    I cannot guarantee however, how the judge will rule. Certainly daycare is taken into consideration for the entire year, most of the time.

  7. #17
    Join Date
    Dec 2013
    Posts
    835

    Default Re: Will He Go to Jail if a Judge Tells Him to Get a Lawyer

    Speaking out of experience.... and I can't remember if you are going back to court because of non-payment of child support or not, but if you are, make sure that the child care calculations are included in the child support to be paid to you directly. My ex fought like mad to be able to pay them to the daycare directly instead of it being garnished from his check, and has not paid on time even once in over four years. He always waits until they put us on probation and then all of a sudden makes a payment. It doesn't bring us current, but enough to let her still come. If he is determined not to pay, you won't get it either way, but at least if it is included in the amount collected by the state, you have a single record of non payment instead of trying to collect records and submit your own proof of payments to the daycare.

    I highly regret letting that issue go just to be done with the situation. It has been a CONSTANT fight since.

  8. #18
    Join Date
    May 2012
    Posts
    140

    Default Re: Will He Go to Jail if a Judge Tells Him to Get a Lawyer

    Quote Quoting llworking
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    You can certainly argue that the cost of preschool from April to August was including in the original calculation divided by the remaining 9 months of the year, therefore it needs to remain in the calculation for the rest of the year. If a recalculation is to be done you can also argue that the after school care costs now need to be included in the calculation as well. You can also point out that during the summer months she will need all day daycare and that that should also be included in the calculation.

    I cannot guarantee however, how the judge will rule. Certainly daycare is taken into consideration for the entire year, most of the time.
    I honestly did not even think about winter, spring and summer break! We did not include those when we originally calculated it. Mostly because it was not needed. Thank you for mentioning it!

  9. #19
    Join Date
    May 2012
    Posts
    140

    Default Re: Will He Go to Jail if a Judge Tells Him to Get a Lawyer

    I want to check if there is anything else I need to bring to court?

    - pay stub
    - itemized pay stub showing the costs for my daughters benefits
    - receipt showing cost for preschool May-August.
    - receipt showing cost for after school programs
    - print out for different summer camp programs to show cost for winter, spring and summer break (which was not included in the cost calculation)
    - medical bills I paid by myself
    - calendar in regards to his absence and non pick up - even though this is for child support I want to have it on me in case I need it
    - print out of extracurricular our daughter would like to do
    - print out showing his non payment and current arrears from the DCSE website

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