RemitAdvice
Member
What is the name of your state (only U.S. law)? VA
I have a child support hearing coming up due to the request of a review by the NCP. (Our Custody CO states that I have primary physical with he having visitation, there is no shared/split custody plan and we do have joint legal custody)
He requests that, “The court hear the matter as to how much child support should be paid to ‘x’ pursuant to the applicable child support guidelines for the joint custody chart or shared custody chart, whichever is determined to be appropriate by the courts. I now have joint legal custody of ‘kiddo’ and have Physical Custody at least 90 days of the calendar year per CO dated Feb 17th, 2010”
For the following reasons: ‘Currently have another support case filed with the ‘same city’ and one with ‘another county’ which I have filed a motion to be transferred to the ‘same city’ For the purpose of having all cases held in the same court at the same time so that all four children receive the appropriate amounts of support by the court.”
#1) 90 days: I understand that VA code states that if a party has custody or visitation of a child for more than 90 days of the year than they use the ‘shared custody worksheet’ (and I get the ½ day, full day thing) My question concerns ‘custody share’ provision. NCP only has 93.5 days a year in visitation according to the most current CO, which includes three weeks of vacation and extensive summer visits…How will this affect my CS amount since the initial figure was based on ‘sole’ custody only? I also read that these are just ‘guidelines’ and the judge ultimately can make whatever decision he would like. NCP pays no health ins, no daycare costs (we are both f/t employed) and he recently began new employment approx. 90 days ago, (was previously employed at the same place for 15 years, so had 3 weeks of vacation time per year) so I highly doubt he will be able to exercise the vacation provision in the CO. (Not to mention I must be give at least 30 days advance notice and our hearing is in early Aug, unlikely he would be able to take 3 weeks in 3 months, but I guess that’s purely speculation). I would like to ask that the support continue to be based on sole custody guidelines since the max he would see kiddo is 3.5 days more than the cutoff.
#2) As of our first ever support hearing last year he had no other cases filed through DCSE. Mine was the first. How will having another CSE case the same city and one from another county added, affect the amount determined? Can he transfer from county to city like he says he has?
#3) I have also read that new statutes, or at least revised ones, are released on 7/1 of each year…Is there anywhere this would be readily available to me on the internet when it is released?
I've been told that there aren’t too many folks here familiar with VA CSE, but if you have any ideas or experience with similar issues, I would appreciate any help at all.
I have a child support hearing coming up due to the request of a review by the NCP. (Our Custody CO states that I have primary physical with he having visitation, there is no shared/split custody plan and we do have joint legal custody)
He requests that, “The court hear the matter as to how much child support should be paid to ‘x’ pursuant to the applicable child support guidelines for the joint custody chart or shared custody chart, whichever is determined to be appropriate by the courts. I now have joint legal custody of ‘kiddo’ and have Physical Custody at least 90 days of the calendar year per CO dated Feb 17th, 2010”
For the following reasons: ‘Currently have another support case filed with the ‘same city’ and one with ‘another county’ which I have filed a motion to be transferred to the ‘same city’ For the purpose of having all cases held in the same court at the same time so that all four children receive the appropriate amounts of support by the court.”
#1) 90 days: I understand that VA code states that if a party has custody or visitation of a child for more than 90 days of the year than they use the ‘shared custody worksheet’ (and I get the ½ day, full day thing) My question concerns ‘custody share’ provision. NCP only has 93.5 days a year in visitation according to the most current CO, which includes three weeks of vacation and extensive summer visits…How will this affect my CS amount since the initial figure was based on ‘sole’ custody only? I also read that these are just ‘guidelines’ and the judge ultimately can make whatever decision he would like. NCP pays no health ins, no daycare costs (we are both f/t employed) and he recently began new employment approx. 90 days ago, (was previously employed at the same place for 15 years, so had 3 weeks of vacation time per year) so I highly doubt he will be able to exercise the vacation provision in the CO. (Not to mention I must be give at least 30 days advance notice and our hearing is in early Aug, unlikely he would be able to take 3 weeks in 3 months, but I guess that’s purely speculation). I would like to ask that the support continue to be based on sole custody guidelines since the max he would see kiddo is 3.5 days more than the cutoff.
#2) As of our first ever support hearing last year he had no other cases filed through DCSE. Mine was the first. How will having another CSE case the same city and one from another county added, affect the amount determined? Can he transfer from county to city like he says he has?
#3) I have also read that new statutes, or at least revised ones, are released on 7/1 of each year…Is there anywhere this would be readily available to me on the internet when it is released?
I've been told that there aren’t too many folks here familiar with VA CSE, but if you have any ideas or experience with similar issues, I would appreciate any help at all.
