Child Support Question...

[mrmagoo]

What is the name of your state? va

Ex-wife and I have some child support issues, she has filed false allegations in the past. concerning a pending child support order that possibly could be modified i have the following question. let's say I make $4000 mo and at the time she was making $2000 mo. She is supposedly unemployed now and I was wondering if the court will impute her income at her highest level the same way the will for a non-custodial parent. I'm concerned that I will have to pay even more just because she doesn't want to work. If this was ncp, the court would automatically impute my income at my highest level. So can I request that the court impute her income at her highest level the same way they would impute mine?

 

[Rldunc]

Depends

on state law and other factors. You should definitely have good attorney for this. Sign up with westlaw.com (free 2 week trial) or lexislaw.com (free case search) and search case law for your state. Or search for VA court of Appeals and look for opinions. This way you can see how previous decisions have gone and what factors come into play. My guess is that she will say it is for the benefit of the children that she stay home and judge may buy into it, that's why you should have GOOD lawyer. good luck