Need Advice on Child Support Change

[VirginiaMom]

What is the name of your state (only U.S. law)? Virginia (Loudon Co)

Hi, seeking your professional wisdom, please.

In a nutshell: I lost custody of my 4 year old son (due largely to the fact that I was very pregnant out of wedlock with another man's child at time of hearing), gained it back a year & a half later when son was 5 because CP chose to move 600 miles away and son had been doing horribly in Kindergarten and was better as soon as judge ordered that I could have him in the afternoons instead of being in after-school program (3 months after he started this improvement, then CP decided to move). Our son has been doing progressively better in the 4 years since and is now in 4th grade. I remarried (I know -- but a very positive influence for son and daughter) and we have moved from Eastern VA to NoVA, which means we are now 2 1/2 hours closer to NCP and I am stay-home mom. Was working f/t prior to move, which meant both 9 yr old and 6 yr old (who is not NCP's) were in after-school care. Now I am able to put them on the bus, and get them off the bus. Father sees 9 yr old for scheduled times (almost all out of school, including all Thanksgivings, all Spring Breaks, 1/2 Christmas, and 8 weeks in summer) but doesn't make additional trips to see him, though he is allowed to.

So, I am considering a part-time job after first of year which would require $300 / mo daycare costs which would up NCP's child support significantly (from $700 to $900). The daycare is high; we are in a small town (yes, there are a few in NoVA!) with no YMCA or equivalent, and the after-school is $300 regardless of how many days a week you use them. But as far as usage, I would only need the care maybe 4 - 8x a month - mostly I'd work just during the school hours.

My husband and I DO need the money my working p/t would bring - things are tight. But NCP doesn't want his support increased and is giving me grief (I gave him a head's up about this possibility).

My questions:
- Can they impute my past full-time income (I know a judge CAN, but would one realistically or would he/she see that me home is better than f/t afterschool care??)?
- Am I best off going through VA Child Support rather than the court system? (we did an increase previously on our own, through the courts, but he won't agree to this now, I'm sure)
- Does his employer have to tell me his current salary? I am trying to NOT have to pay my lawyer (who wouldn't come up this far anyway, but may at least write a few letters) and have asked NCP 4 times for his current pay, but he refuses to give it (I used to work for the same company so KNOW he gets quarterly bonuses and annual increases, though he tells me he's not) -- for the past 4 years, he has just given me a W-2 which is last year's salary, not this year's, which means I won't know till April what he made in 2009, and that is definitely going to be less than 2010. But that's what our order states - that we share W2 info by April 15 -- which is why I wonder if I should just turn it over to VA Division of Child Support and be done with it.

Thanks for any help and advice. I know I've screwed up in many areas, but want to do what is best for all of us. I really respect your opinions and time.What is the name of your state (only U.S. law)?

 

[Gracie3787]

What is the name of your state (only U.S. law)? Virginia (Loudon Co)

Hi, seeking your professional wisdom, please.

In a nutshell: I lost custody of my 4 year old son (due largely to the fact that I was very pregnant out of wedlock with another man's child at time of hearing), gained it back a year & a half later when son was 5 because CP chose to move 600 miles away and son had been doing horribly in Kindergarten and was better as soon as judge ordered that I could have him in the afternoons instead of being in after-school program (3 months after he started this improvement, then CP decided to move). Our son has been doing progressively better in the 4 years since and is now in 4th grade. I remarried (I know -- but a very positive influence for son and daughter) and we have moved from Eastern VA to NoVA, which means we are now 2 1/2 hours closer to NCP and I am stay-home mom. Was working f/t prior to move, which meant both 9 yr old and 6 yr old (who is not NCP's) were in after-school care. Now I am able to put them on the bus, and get them off the bus. Father sees 9 yr old for scheduled times (almost all out of school, including all Thanksgivings, all Spring Breaks, 1/2 Christmas, and 8 weeks in summer) but doesn't make additional trips to see him, though he is allowed to.

So, I am considering a part-time job after first of year which would require $300 / mo daycare costs which would up NCP's child support significantly (from $700 to $900). The daycare is high; we are in a small town (yes, there are a few in NoVA!) with no YMCA or equivalent, and the after-school is $300 regardless of how many days a week you use them. But as far as usage, I would only need the care maybe 4 - 8x a month - mostly I'd work just during the school hours.

My husband and I DO need the money my working p/t would bring - things are tight. But NCP doesn't want his support increased and is giving me grief (I gave him a head's up about this possibility).

My questions:
- Can they impute my past full-time income (I know a judge CAN, but would one realistically or would he/she see that me home is better than f/t afterschool care??)?
- Am I best off going through VA Child Support rather than the court system? (we did an increase previously on our own, through the courts, but he won't agree to this now, I'm sure)
- Does his employer have to tell me his current salary? I am trying to NOT have to pay my lawyer (who wouldn't come up this far anyway, but may at least write a few letters) and have asked NCP 4 times for his current pay, but he refuses to give it (I used to work for the same company so KNOW he gets quarterly bonuses and annual increases, though he tells me he's not) -- for the past 4 years, he has just given me a W-2 which is last year's salary, not this year's, which means I won't know till April what he made in 2009, and that is definitely going to be less than 2010. But that's what our order states - that we share W2 info by April 15 -- which is why I wonder if I should just turn it over to VA Division of Child Support and be done with it.

Thanks for any help and advice. I know I've screwed up in many areas, but want to do what is best for all of us. I really respect your opinions and time.What is the name of your state (only U.S. law)?

How long ago was the last modification done?

Yes, full time income can and possibly will be imputed.
Have you looked at what your actual earnings (take home) will be after paying all expenses? I ask because quite often a part time job, after expenses ends up bringing in very little money.

Is the CSE agency already involved in your case? If they are, you can file through them, but it would still have to go to court.

No, his employer does not have to tell you what is income is. If a modification is filed for he will have to produce proof of income just the same way as you will.
How long ago did you work for that company?
Although he was getting bonuses and increases in the past, the economy has stopped that for a lot of businesses, so you really shouldn't count on that until you know for sure.

 

[VirginiaMom]

How long ago was the last modification done?

Yes, full time income can and possibly will be imputed.
Have you looked at what your actual earnings (take home) will be after paying all expenses? I ask because quite often a part time job, after expenses ends up bringing in very little money.

Is the CSE agency already involved in your case? If they are, you can file through them, but it would still have to go to court.

No, his employer does not have to tell you what is income is. If a modification is filed for he will have to produce proof of income just the same way as you will.
How long ago did you work for that company?
Although he was getting bonuses and increases in the past, the economy has stopped that for a lot of businesses, so you really shouldn't count on that until you know for sure.

Would my past full-time income normally be imputed if we moved and my NOT working f/t actually benefits the child?

I know, on the part-time - am running numbers and guessing it will only work if I can work from home (meaning, no daycare cost). So if I don't work - what happens, do you think? I assume that it either stays as is or we recalculate based on only his income?

Last modification was 2 years ago. We are not going through CSE currently but could we, do you know, if one party requests? I understand they have administrative jurisdiction (for lack of official term) which lets them take the original order and run with it.

I have information (not proof) that he is getting bonuses and raises, and also has done some part-time work, which he doesn't acknowledge. And there is the "proof" that each year, the W-2 is more than he claimed the year before. Yes, the economy is down, but he will earn more than last year. However, he never lets me know this until after the fact and so there are several months where he is underpaying but there seems to be no recourse. We had a verbal in court that raises / bonuses would be disclosed, but this has never happened, and it is not in the official order.

 

[Hisbabygirl77]

How long ago was the last modification done?

Yes, full time income can and possibly will be imputed.
Have you looked at what your actual earnings (take home) will be after paying all expenses? I ask because quite often a part time job, after expenses ends up bringing in very little money.
Is the CSE agency already involved in your case? If they are, you can file through them, but it would still have to go to court.

No, his employer does not have to tell you what is income is. If a modification is filed for he will have to produce proof of income just the same way as you will.
How long ago did you work for that company?
Although he was getting bonuses and increases in the past, the economy has stopped that for a lot of businesses, so you really shouldn't count on that until you know for sure.

You really want to sit down and figure this part out. Figure in pay after taxes, gas to and from, clothing you may to purchase ect... I did this after I had been working a part time job for a year and realized we were actually losing about $100 a month by me working.

 

[Gracie3787]

Would my past full-time income normally be imputed if we moved and my NOT working f/t actually benefits the child?

I know, on the part-time - am running numbers and guessing it will only work if I can work from home (meaning, no daycare cost). So if I don't work - what happens, do you think? I assume that it either stays as is or we recalculate based on only his income?

Last modification was 2 years ago. We are not going through CSE currently but could we, do you know, if one party requests? I understand they have administrative jurisdiction (for lack of official term) which lets them take the original order and run with it.

I have information (not proof) that he is getting bonuses and raises, and also has done some part-time work, which he doesn't acknowledge. And there is the "proof" that each year, the W-2 is more than he claimed the year before. Yes, the economy is down, but he will earn more than last year. However, he never lets me know this until after the fact and so there are several months where he is underpaying but there seems to be no recourse. We had a verbal in court that raises / bonuses would be disclosed, but this has never happened, and it is not in the official order.

Unless you are willing to work full time, or have a full time income imputed, it might be best for you to leave this issue alone until you are able to work full time.

I don't know if the state CSE agency will get involved for a modification of a court order unless they have been previously involved. Typically, they only get involved to enforce an existing order when CS hasn't been paid. Either way, it is a court order, and will remain a court order.

 

[VirginiaMom]

Thanks. I don't plan on working full time so was only thinking of maybe something during school hours. However, those opportunities are few and far between. But I think you're both right - p/t will cost too much in the end, and I should just leave the issue alone right now.

 

[nextwife]

So, I am considering a part-time job after first of year which would require $300 / mo daycare costs which would up NCP's child support significantly (from $700 to $900).

Is $300/month 100% of your child care cost?

 

[VirginiaMom]

Yes, for this child (it is doubled for both, but only one affects the NCP)

 

[nextwife]

And you don't feel you SHARE the responsibility for the cost of putting YOUR child in child care?

 

[VirginiaMom]

Of course.

 

[VirginiaMom]

Updated research

In researching this site and others, it looks to me as if I should not figure on an increase in support if I go from full-time to part-time, even if it is for the good cause of being home with the child(ren) before and after school. I surmise that if my son's father and I do not agree to such an increase, we would need to go before a judge, and until then, my husband and I simply need to make the decision for outside employment based on 100% of the childcare costs.

Is that how it seems to the seniors? Thanks for any input.

 

[LdiJ]

And you don't feel you SHARE the responsibility for the cost of putting YOUR child in child care?

Nexie, she said that 300.00 a month was for their shared child (which is quite low) and that dad's child support would only increase 200.00 a month. Obviously she is not expecting dad to pay for the whole thing.

 

[LdiJ]

In researching this site and others, it looks to me as if I should not figure on an increase in support if I go from full-time to part-time, even if it is for the good cause of being home with the child(ren) before and after school. I surmise that if my son's father and I do not agree to such an increase, we would need to go before a judge, and until then, my husband and I simply need to make the decision for outside employment based on 100% of the childcare costs.

Is that how it seems to the seniors? Thanks for any input.

Well, it doesn't seem entirely that way to me, particularly since you haven't had a modification for 2 years and you know that dad's income is increasing.

However, you could indeed be imputed a full time income (if you are not already being imputed a full time income) therefore it might not increase.

Google an online child support calculator for VA and run some scenarios on the calculator to see what kind of results you get.

 

[VirginiaMom]

Well, it doesn't seem entirely that way to me, particularly since you haven't had a modification for 2 years and you know that dad's income is increasing.

However, you could indeed be imputed a full time income (if you are not already being imputed a full time income) therefore it might not increase.

Google an online child support calculator for VA and run some scenarios on the calculator to see what kind of results you get.

Thanks very much, LdiJ. I will do this.

What is your thought about putting it in the hands of the VA Dept of Social Services? Would he have to agree to it being handled through them, do you know? We have a final court order from 4 years ago, and 2 years ago we filed ourselves (I did the paperwork) to adjust the support. Not sure how they decide to take a case. I've looked at their FAQ and am still not understanding whether cases that have gone through court are able to be moved to DSS.

 

[waitinMd]

so you did the paperwork civil and the childrens' father agreed to the amount?

did you impute an income for yourself?