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  1. #1
    Join Date
    Aug 2008
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    Unhappy Custodial Parent Violating Consent Order

    My question involves child support in the State of: VA

    We are headed to court due to a Motion for downward modification of Child Support; mediation attempts have bombed. One parent's income increased significantly, and the other parent's income reduced by ~10%. Re-calculating results in a 20% reduction. The last adjustment was in early 2006.

    Separately from calculating using Virginia Guidelines, is there a likelihood of penalty from the court due to the fact that the parent who's income increased failed to notify the other (i.e. hid the income) as specified in the consent order? Put another way, what are the ramifications of maliciously ignoring a Consent Order signed by both parties and the court, if it can be proved the OP action was not just an oversight?

  2. #2
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    Jul 2006
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    Florida
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    Default Re: Custodial Parent Violating Consent Order

    Quote Quoting GardenMom
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    My question involves child support in the State of: VA

    We are headed to court due to a Motion for downward modification of Child Support; mediation attempts have bombed. One parent's income increased significantly, and the other parent's income reduced by ~10%. Re-calculating results in a 20% reduction. The last adjustment was in early 2006.

    Separately from calculating using Virginia Guidelines, is there a likelihood of penalty from the court due to the fact that the parent who's income increased failed to notify the other (i.e. hid the income) as specified in the consent order? Put another way, what are the ramifications of maliciously ignoring a Consent Order signed by both parties and the court, if it can be proved the OP action was not just an oversight?
    It will help if you post the EXACT wording of the court order (minus personal info of course).

  3. #3
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    Aug 2008
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    3

    Default Re: Custodial Parent Violating Consent Order

    Consent Order reads as follows:
    "Future Modification. Child support shall be considered subject to modification upon the following: (a) When there is a material change in the income of either party, as described below, (b) whenever there is an increase or decrease of 10% or more in child care costs incurred for [party] to work; (c) when the older child reaches ##; (d) when one child is emancipated, as defined herein. At such time, the parties shall recompute the amount of child support using both of their annual gross incomes in the then current Guidelines. A material change in income shall be an increase or decrease in either party’s annual gross income of more than ten percent (10%) deviation from the then current gross annual income. Each party is obligated to notify the other within ten (10) days of such change in income and provide all appropriate documentation. The recomputed amount shall go into effect as of the date of the change in income. “Income” is defined as salary, wages, tips, or self-employment income, inclusive of the following: commissions, bonuses, ....".

  4. #4
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    Florida
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    Default Re: Custodial Parent Violating Consent Order

    Quote Quoting GardenMom
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    Consent Order reads as follows:
    "Future Modification. Child support shall be considered subject to modification upon the following: (a) When there is a material change in the income of either party, as described below, (b) whenever there is an increase or decrease of 10% or more in child care costs incurred for [party] to work; (c) when the older child reaches ##; (d) when one child is emancipated, as defined herein. At such time, the parties shall recompute the amount of child support using both of their annual gross incomes in the then current Guidelines. A material change in income shall be an increase or decrease in either party’s annual gross income of more than ten percent (10%) deviation from the then current gross annual income. Each party is obligated to notify the other within ten (10) days of such change in income and provide all appropriate documentation. The recomputed amount shall go into effect as of the date of the change in income. “Income” is defined as salary, wages, tips, or self-employment income, inclusive of the following: commissions, bonuses, ....".
    How long was the income info witheld?

    How much extra has the NCP paid soley due to ex's refusal to follow the court order to provide the info within 10 days?

  5. #5
    Join Date
    Aug 2008
    Posts
    3

    Question Re: Custodial Parent Violating Consent Order

    Verbally admitted the new income, once questioned, after 12-weeks. To date has never provided pay-stubs. Provided a 2007 W-2 after 6-months, but still refused to adjust. Total amount running to date, solely due to witholding the information and not re-calculating is ~$3,500.

  6. #6
    Join Date
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    Location
    Florida
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    Default Re: Custodial Parent Violating Consent Order

    Quote Quoting GardenMom
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    Verbally admitted the new income, once questioned, after 12-weeks. To date has never provided pay-stubs. Provided a 2007 W-2 after 6-months, but still refused to adjust. Total amount running to date, solely due to witholding the information and not re-calculating is ~$3,500.
    The NCP can request that the modification be retro back, but it will be up to the Judge no matter what.

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