My child's mother recently acquired a job - she was a stay-at-home-mom when we divorced - which I understand is a "change in circumstances". Unfortunately I have no idea how to go about it, and I don't know how much she's making. or whether it'd be worth the trouble. Are there any online resources that will walk me through this process, as thoroughly as possible? We have joint legal custody and she is custodian, if that matters. I know I can find the CS worksheet on line as well as the forms, but I wouldn't know what to do with it even I could fill it all out. Thank you for any advice.
You have a few options.
1. Do a Google search to see what you come up with. The resources I came up with when I did that are mostly the state Department of Child Support Enforcement information pages.
2. Open a case with the Department of Child Support Enforcement so they will do the work for you (but that has the double-edged sword of making you subject to their enforcement actions as well).
3. File a motion to review or amend support in the Juvenile and Domestic Relations District Court that your divorce decree referred the matter of child support to for modification and enforcement and then file the appropriate discovery requests (in JDR, only subpoenas duces tecum are allowed by state law, but some courts have local rules allowing interrogatories and requests for production of documents, which may be helpful in your case).
4. Consult an attorney to review your case and help you through the process.
My point in using the legal terms is that it is not as easy as it would seem on the surface. The problem you are encountering--knowing how the legal system works and how to get it to do what you need it to do--is exactly what it takes three years and a career of experience for a lawyer to learn. Using an online resource won't tell you what you need to do to get a copy of her tax returns so you can find out who her employer is--or how to get the documents you need from that employer once you find out.
Lastly, depending on how much she is making, you may be disappointed by the amount that your obligation changes once you get all of the information. What you will probably find is that your payment won't go down a whole lot, her share of medical expenses may, though. If she has work-related child care expenses, your payment might actually increase.
As you can see, it's not very cut and dry. A web resource is not likely to be able to factor in all of the information to give you a realistic recommendation of how to proceed. I don't practice in Hanover, so I am not looking for you to hire me. I am just giving you the straight scoop on why consulting a live attorney is the smart move in your case.
Dear Hanover:
It is almost certain worth attempting to modify custody if mother was a stay at home mom, but is now working. It will require you to file a petition to modify your current child support obligation under the prior divorce decree. Once you have filed, there are ways to obtain information from your wife to see what she is now earning. Unfortunately, I cannot think of any easy "do-it-yourself" guide for this process. You are really best served by hiring a lawyer. If you cannot afford a lawyer, you should contact legal aid or your county's local bar association. These are often great resources for folks with fewer financial means.
The answer to your question depends on whether you want generalized legal information or true legal advice.
If information is what you seek, Title 20 of the Code of Virginia is a good place to start. The link to the online Code is here: https://leg1.state.va.us/000/src.htm Chapters 4.1, 5.3, and 6 all have sections that are related to child support.
In order to either obtain or change a legally-binding order involving child support, a court must enter that order. Thus, you would have to file with a court to obtain a legally binding order. If you already have an order, you will want to read that exhaustively as that may influence the current proceeding. When a court case is pending, discovery is the process by which each person in a court case can find out information from the other side.
To get true legal advice (applying the law of Virginia to the facts of your case or helping you to complete legal forms), you should seek out a lawyer who practices family law and handles support matters. The lawyer could assist you in filling out the child support guidelines and could also assist you in discovery if you chose to file a custody proceeding. Finally, a lawyer could not only educate you or assist you through the process, but a lawyer could also help you perform a cost-benefit analysis to see if what you seek to do is worth it in the long run. Paying an attorney to help you alter child support could save you money in the long run or could help you avoid a situation where child support actually increased. Child support cases can be complex, and sometimes the guidelines can spit out a surprising result.
The bottom line is this: there is no substitute to having a trained attorney advise you with a case.
