Need Help Please

[DakotaJosh]

What is the name of your state? VA
This question is for my brothers wife.
She is asking this:

I have a child and pay my ex $82.00 a week now. This was based on my job at the time of the order. I have had reduced hours at the job I did have, my new husband and I moved so the trip to my job was a bit long. By the time I paid for gas, I was getting $20.00 and that was two days a week. I am in college now at the age of 41, I have aprox 2 semesters left. I am right now unemployed but have been paying the child support amount with out fail. My ex informed me that his insurance went up and day care as well. He said we needed to up support, and I would be getting a letter in the mail. What do I do now? I am having a hard time paying what I have to now. Do you think I would be able to get a reduction? Until I am out of school and have a job. I have sent out resumes and am registared with the employment commission.
I also suffer from panic attacks, along with depression and am getting help with it.
My ex said he would like to do this out of court. I also do not want to even go in to court because of his connections. Everyone knows him and sides with him on everything. He works in the system as a jailor.

Can they use my husbands income to base my child support? We have a mortgage and bills that make our budget very tight.
Any advise will so appreciated.

 

[Ohiogal]

What is the name of your state? VA
This question is for my brothers wife.
She is asking this:

I have a child and pay my ex $82.00 a week now. This was based on my job at the time of the order. I have had reduced hours at the job I did have, my new husband and I moved so the trip to my job was a bit long. By the time I paid for gas, I was getting $20.00 and that was two days a week. I am in college now at the age of 41, I have aprox 2 semesters left. I am right now unemployed but have been paying the child support amount with out fail. My ex informed me that his insurance went up and day care as well. He said we needed to up support, and I would be getting a letter in the mail. What do I do now? I am having a hard time paying what I have to now. Do you think I would be able to get a reduction? Until I am out of school and have a job. I have sent out resumes and am registared with the employment commission.
I also suffer from panic attacks, along with depression and am getting help with it.
My ex said he would like to do this out of court. I also do not want to even go in to court because of his connections. Everyone knows him and sides with him on everything. He works in the system as a jailor.

Can they use my husbands income to base my child support? We have a mortgage and bills that make our budget very tight.
Any advise will so appreciated.

No they can't but they WILL impute you with the income you were making before you were voluntarily unemployed which you are. YOU CHOSE to go to school. YOU CHOSE NOT TO WORK. You CHOSE to struggle to pay your child support. You need to get a job to cover your CS. It is an obligation. Or your hubby has to cover it for you so you can remain in school alone.

 

[stealth2]

Yep, as OG said - her reduced income is a result of the choices she made. A court will not lower CS based on voluntary under/unemployment.

 

[LdiJ]

Yep, as OG said - her reduced income is a result of the choices she made. A court will not lower CS based on voluntary under/unemployment.

However, I don't think that the judge is likely to increase it either. There would be no basis for an increase.

 

[Ohiogal]

However, I don't think that the judge is likely to increase it either. There would be no basis for an increase.

Day care increasing MIGHT do it. MIGHT if she is required to pay half of the child care. His insurance going up shouldn't because that is just applied towards his contribution to child support.

 

[MrsK]

I think in some states (or maybe even most?) there has to be a certain % the order will increase for the courts to approve it. In my state it is 20-25% (cant remember the exact percent right now). So if your state has this rule and the order will not increase your support by that certain percent, you may be OK. He may realize this, too, and it may be why he wants to keep it "out of the courts", knowing he wouldnt get it otherwise. Check up on your state's laws and ask him how much the increases are for and work the numbers.