New Order - already wanting modification

[Frustrated_one]

What is the name of your state? Virginia

Please give your honest thoughts.

Both parents have joint custody while mom is primary physical custodian and dad gets 1 week a month for visitation.

Court order for visitation and support was entered into Dec 2005. Dad had children from previous relationship which he claimed for a deduction in child support order and at the time traveled for work while stating daycare was not needed for the week visitation or summers. Now it's June (6 months later) and he is claiming the children for the past couple months have been with a babysitter but now is switching to a daycare facility and quit his traveling job for a lower paying non-travel job and wants modification of child support because lower income, daycare costs of children and now is taking his children from his previous relationship for the summer which is an added cost.

Dad changed jobs 3 months after the court order (3 months ago) but has yet to pay any child support. So Mom filed a show cause. The change in child care, etc have now occured after Dad recieved the show cause hearing information.

Will the court consider a modification of support with the court order being less than a year old and Dad voluntarily quitting his higher paying job?

 

[momincha]

Modification of child support

Sounds to me like his is trying hard to create himself his own hardship. Why with all those expenses and so forth.....hummmm...you got an ex just like mine.

In Tennessee, he actually was in tremendous arrears, filled a motion to modify (lower) his child support obligation, next day filed a motion for emergency temp custody, then 2 days later ,,,, a restraining order that we (my 2 children and I could not discuss).

went to court, motion for modifiction denied, given 102 days per calander year (while in arrears), I remain full CP of both my children. I have never denied my children from their time with their father, and statistics show that if a parent spends time with their child that they are more apt to pay their child support....that is all hogwash....

My ex has had 9 different wage assignments in the past 2 years....go figure, and we still do not have one in effect... His obligation is no where the expense it is for me to provide for the children. I get to provide for it all******************************************

I would certainly keep an eye and an ear open when it comes to the ex. Our local court system has an link on their website where i can type in his last name and pull up all the dirt,(public record) i can find.....ie..evictions, arrests, and so on....homeownership..ets.

check out your local county rules and website,
best of luck

 

[Silverplum]

momincha -- please do not hijack another poster's thread to talk about your own stuff. That's what your thread is for. This is not to be mean, this is TOS.

OP -- From what I can see, VA will not allow a review for 3 years unless something major comes up. "Major" does not EVER include voluntarily quitting a job and wanting a reduction. Not in VA, not anywhere that I know about.

http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=VA

 

[rmet4nzkx]

If dad can show the court that he quit his traveling job in order to change employment where he could better care for his children, that might be seen as a compelling reason. Traveling jobs are hard on everyone, especially relationships with family, it may also be difficult to maintain a visitation schedule while constantly on the road or if the employer changes the demands on the traveling employee. If dad already had 2 children and paying support from a prior relationship the support for 3rd child is going to be less to start. It is entirely possible that dad may indeed receive a modification even if the job change is seen as voluntary.

 

[Frustrated_one]

The traveling job allowed him to be off for the entire week of visitation with the children and he could take that week including up to a month during the summer whenever he wanted to.

Now they are in daycare, he gets paid less, has childcare expenses and he also hasn't been picking them up since day 1 of the court order for an additional weekend visit which was used as a deduction for him in computing the support order.

In the meantime, my childcare costs have risen and I'm switching from Medicaid to private insurance in 1-2 months because I went back to school to obtain a better job but I'm not requesting an upward modification - I just want Dad to pay the support each month. Right now I'm getting zilch and having to seek state aid for childcare and food costs. That's why I filed a show cause. I realize the money won't come to me but it's the principle that I had to beg the county for help when Dad decided to not pay support and take a lower paying job to appease his girlfriend.

The support for prior children was already considered and hopefully, he is caring for them.