Legal Question in Family Law in Virginia

Avoiding Correct Child Support Amount

My husbands company has switched his pay from $20hr. to $13.00hr to avoid paying a high child support payment, how can I proove this so my children can get a fair amount of child support? (I do have his old pay stubs and he has been with the company for 7 yrs.)

Asked on 7/30/01, 12:45 pm

1 Answer from Attorneys

Glenn R. Tankersley Regency Legal Clinic

Re: Avoiding Correct Child Support Amount

Under Virginia law, a judge can "impute" income to a payor if the circumstances justify it.

In other words, a payor who is VOLUNTARILY unemployed OR under-employed can be required to pay guidelines child (or, presumably, spousal) support based upon what he (or she) is capable of earning.

The tricky part is showing with acceptable evidence that the payor IS unemployed or under-employed VOLUNTARILY.

Good luck. It ain't easy to show that.

It ain't impossible, either.

Get a good lawyer to help you argue the case.

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Answered on 8/02/01, 9:27 pm

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