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reely2shy

Member
What is the name of your state (only U.S. law)? va

I need to find a virginia case based on ability to earn judgements for child support.
If I person closes their business becuase they could net more income working a regular job ...can they be held liable for ability to earn since their gross would be much less. (minding business expenses made the larger gross...bring a lower net income?)

and can a person object to interogatories, if the questions is not pertinent to the current child support?
 


Gracie3787

Senior Member
What is the name of your state (only U.S. law)? va

I need to find a virginia case based on ability to earn judgements for child support.
If I person closes their business becuase they could net more income working a regular job ...can they be held liable for ability to earn since their gross would be much less. (minding business expenses made the larger gross...bring a lower net income?)

and can a person object to interogatories, if the questions is not pertinent to the current child support?
Let me put it this way-
If a person voluntarily quits a job to switch to another job that actually produces MORE USABLE income- NO- They will NOT be imputed a higher income.

I'm not sure, but does VA use gross income rather than net to determine CS, and that is why you are worried about gross rather than net?
Even then, what matters is that the person is making a change to better thier true income, so an imoutation would not be right.

Yes, you have the right to obeject to any interrogatoires questions that are not relevent. Then, the other party has the right to take it to court and the court will decide if you must answer the question or not.

What are the questions you feel are not relevent to the modification?
 

reely2shy

Member
example of one...

ONe of them specifically asks me to list everyone in the home, names ages and their income. I live with my girlfriend and her kids. We are not married and her income is irrelevant to my case. And her kids and names and ages are not relevant either. As I dont support them and she does not support me..
 

reely2shy

Member
Im not really worried about the differenc in gross and net....accept that when they did the first order they went on the gross of just over 130k a year...not seeing he only netted 26k.....
and if they go on ability to earn I dont want them doing it on what i was making.... being that the net will be less now. but after expenses leaves me as you put it with more useable income
 

Gracie3787

Senior Member
ONe of them specifically asks me to list everyone in the home, names ages and their income. I live with my girlfriend and her kids. We are not married and her income is irrelevant to my case. And her kids and names and ages are not relevant either. As I dont support them and she does not support me..
Just answer with this:

GF- first name.
GF's minor child- first name
GF's minor child- first name

Neither thier incomes nor thier ages are even remotely relevent.

Then, if ex doesn't like your answer she can take you to court and see what the Judge thinks.
 

Gracie3787

Senior Member
Im not really worried about the differenc in gross and net....accept that when they did the first order they went on the gross of just over 130k a year...not seeing he only netted 26k.....
and if they go on ability to earn I dont want them doing it on what i was making.... being that the net will be less now. but after expenses leaves me as you put it with more useable income
I read your other posts. Apparently your main problem is going to be explaining to the court that the prior support amount was incorrectly determined due to taking total gross without deducting basic business expenses, such as truck payment, insurance, repairs, maintence, fuel costs, tolls, etc. Those things should have been deducted to come up with your actual gross before deductions for taxes.

You'll probably need to bring documents that prove what your actual gross was so that it can be compared to your new income. Really, it might end up being a real problem for you, so if you can hire an attorney it really would be best.
 

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