child support too high?

[lsid0323]

What is the name of your state (only U.S. law)? Virginia
My son is an E-5 in the Navy in Norfolk, VA, recently divorced, 2 small children. During mediation for the initial separation he agreed to pay $1100 in child support as he was deployed at the time, and assumed they would work it out upon his return. That was prior to finding out that she had a live-in boyfriend and was pregnant. His divorce is now final, child support was not set in the divorce decree because they could not agree on the amount. She wanted the divorce so she could marry this other guy, so she took the child support issue out of the divorce papers. The day after the divorce papers were signed, she decided to take him back to court to raise the child support to $1265/mo. I know E-8's with three children and they're only paying $800 per month. With his BAH of $1500, his gross income is $4553 per month and she makes $2600 per month. This child support amount seems extremely high. He has no idea what to do, any help/direction would be greatly appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[LillianX]

First and foremost, please understand that this is none of your legal business.

Second of all, assuming mom pays all healthcare and childcare costs, I get $1123 per month at the Virginia child support calculator, located here: Child Support Obligation Calculator - Virginia Department of Social Services

 

[mistoffolees]

First and foremost, please understand that this is none of your legal business.

Second of all, assuming mom pays all healthcare and childcare costs, I get $1123 per month at the Virginia child support calculator, located here: Child Support Obligation Calculator - Virginia Department of Social Services

I'm not sure how you got that - since we don't know what CP pays for medical or child care. I get a much lower number. Also, with NCP being military, the child may be covered under his insurance.

Grandma, have your son sign up with his own account. Then have him plug in the numbers to the child support calculator:
Virginia Child Support Calculator - AllLaw.com

How did Mom get the CS changed? There should have been a hearing and your son should have been involved.

 

[lsid0323]

My son is ships company and deploys a lot. His ex has set all but one court date while he was deployed.
I have also used the DSS calculator, but feel as though something is being missed. My son is responsible for all their medical/dental insurance.
As for this being none of my legal business, you are correct, but since my husband and I are having to help him financially on a monthly basis, I'm making it my business to find out if what he's paying is appropriate.

 

[LillianX]

I'm not sure how you got that - since we don't know what CP pays for medical or child care. I get a much lower number. Also, with NCP being military, the child may be covered under his insurance.

Grandma, have your son sign up with his own account. Then have him plug in the numbers to the child support calculator:
Virginia Child Support Calculator - AllLaw.com

How did Mom get the CS changed? There should have been a hearing and your son should have been involved.

I entered 200 a month for health care and 400 a month for child care.

 

[LillianX]

I took out the health care, since he takes care of that. ASSUMING she pays around 400 a month for child care, I get $978. Without child care, I get $682.

 

[Ohiogal]

My son is ships company and deploys a lot. His ex has set all but one court date while he was deployed.
I have also used the DSS calculator, but feel as though something is being missed. My son is responsible for all their medical/dental insurance.
As for this being none of my legal business, you are correct, but since my husband and I are having to help him financially on a monthly basis, I'm making it my business to find out if what he's paying is appropriate.

And your son should have contacted JAG with help in invoking the Soldiers and Sailors act. And how did he get a divorce while he was wife was pregnant? Did he disestablish paternity of the third child at the time of the divorce? If not, he has THREE children.

 

[lsid0323]

thank you for the advice and direction.

 

[mistoffolees]

My son is ships company and deploys a lot. His ex has set all but one court date while he was deployed.
I have also used the DSS calculator, but feel as though something is being missed. My son is responsible for all their medical/dental insurance.
As for this being none of my legal business, you are correct, but since my husband and I are having to help him financially on a monthly basis, I'm making it my business to find out if what he's paying is appropriate.

Then you need to see an attorney or your JAG. When you are deployed, your ex can not have a child custody hearing - there is an act which protects you. Any hearings must be postponed until after you return.

Now, that gets complicated. If she found a way to serve you, it is probably up to you to object to the date under the law. If she didn't serve you, that's another defense you have.