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On Thursday aug/14/08 had a advance notice of lien on my child support case here in Virginia, and on aug/16/08 try to use my atm card to get some money and not able to, try to pay gas with my credit card and same situation, now here here I'm with 400 dollars cash and unemployed waiting a hearing date for review of my case that I requested 2 months ago and not knowing how to pay my bills or what to do legally.
Well until you contact the CSS in your county and set up a payment plan, you are at the mercy
You have kids , at least one. They send mail to same addy as you drivers license which I am sure is also suspended right now... You need to call child support division asap in the morning, sorry just a fact.
The only way you can have a lien is if you missed court or have an extreme amount of back pay or it's possible that she is receiving assistant from the state, if that's the case then you will have to wait till you go to court and try to get an adjustment. If it's at all possible you shouldn't deposit any more money in your accounts until you get an adjustment or your able to catch up. I would suggest you go to a leagal counsel in your area if your unemployed it won't cost you and by law you can't be denied.Quote:
Originally Posted by rojizzo
Yes there were 3 kids when the judge posted the child support the first time, after my oldest son 18 birthday I requested a decrease of that amount 'caise he was going on church mision and at the review hearing on Jul/07 they took my son out of the case and the judge didn't decrease that amount only 'cause my ex had a new under school age baby with the new husband and not working so she can take care of the baby, and now my second child is over 18 too and just finished high school and my second case review hearing was set up for next month.
Your ex having a baby with a new husband should not have any bearing on the amount of support you are due to pay as you are not responsible to support that child, only your own.
When is your court date? You need to have your child support modified an amount for one child The Jugde will probably use your most recent/previous income to find the guideline for the new amount but if you are in arrears, that will be taken in account also.
The adjustment hearing is set up for Sep/29 and after all this abuse I'm going to seek a free legal assistance to be prepare and have the judge look at all the details of my case 'cause it looks that he didn't realize that the under school age child it wasn't mine when he made that decision at last year hearing... thanks for all the advises and I'll keep posting any progress of my case so this site members can learn from my sad experience
OK. Id like to see some answers because this sounds strange. 1) are you in arrears and by how much ? 2) what does your paperwork say in it from your last trip through the courts? ( it should show child's name and ss# along with the amount your supposed to be paying for that child. )
What amount is stated on the lien ?
The original child support amount it was set up at $ 800.00 for my 3 kids, for almost seven years they whithold that money out of my weekly pay check.
July/2007 it was my las trip to a court hearing or my first case review requested by me since my older son was over 18 years old by then and graduated from high school year before this date. Judge at the hearing toll me that it was right to have my son out of support, so what I had left were my 2 daughters under my support still. Ready for this?
Okey after that the judge toll me something that I didn't know until that especific day, that my ex had another baby with the new husband who she married some time in 2003 and since Virginia Law allow a claim the mother of the baby to stay home not making any income so she can take care of that baby, the judge refuse to decrease the amount of my child support even after my older son was out of it.
More then a year it's been since then and I was in arrears like a month later and just about to be update on my payments , like a one thousand dollars behind on my support I been laid off from work on April of this year and not able to pay my dues wich amount reached close to 5 thousand dollars.
Quote:
Originally Posted by rojizzo
This is what the judge was referring to :
Child Support: Imputed Income
Allows the Department of Social Services to rebut the child support guidelines by imputing income to either parent who is voluntarily unemployed or who fails to provide income verification upon request. Income may not be imputed if a child is not in school, if child care services are not available or if the costs of child care are not included in the basic monthly support obligation. I should be noted that the criteria for administratively imputing income are not the same as the criteria used by the courts (i.e. the Department may not impute income to a party who is voluntarily underemployed
What you might ask for in your situation is for the reduction to be allowed because her situation has changed ( she is married ) and the child she is obligated to support isn't yours. Another thing you need to ask for is a temporary reduction from the courts because you got laid off ( bring any notices with you as proof ) And anywhere you have applied for work showing that your making an effort in good faith. That may provide you with some relief.
Here are the sites that may help you and also its where my information is referenced from.
What's New in Virginia Child Support
Child Support Obligation Calculator - Virginia Department of Social Services
Hope that helps and good luck
You need to check your paperwork because if you have three children check to see if your support is stated that child support is a certain amount per child or if it is one amount for all three if it does not say per child you have to have it modified so you can get a decrease. The only way your ex-wife can keep support for her other child that is not yours is if you were still legally married when she got pregnant, if that is the case you have to have her baby's father go to court and sign a certified statement saying he is the father, otherwise you will have to have the courts do a dna test and file a grievence against her stating you are not the father of her other child. The law states that if you are legally married when she becomes pregnant you are responsible until you can prove the child is not yours.
Thanks wilwil, the amount of my chil support was set up for my all 3 kids, and this was the second time she got pregnant after she married the new husband.
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