Current child Support Order verbiage

Child Support 4 views 2 answers
Case is in Virginia. Last voluntary mutual modification to CS Order allowed me to include verbiage that once I separated from the military and started law school as a full-time unemployed student that the parties agree to a re-calculation based on the new income information. My understanding is that this verbiage weakens if not eliminates the claim for imputing my income in the next modification. My only "income" will be GI Bill tuition/fees paid and a monthly housing allowance. For tax purposes these benefits are not considered income, so would/could those amounts be used to represent my income? I've also included verbiage that any upward deviation in support currently provided would be considered towards future support amounts (I currently pay $1046, $100 more than agreed upon). Thanks.

Attorney Answers

2
Rachael-Anne HammerChapter 13 Bankruptcy AttorneyMc Lean, VA ·
The terms you are using are somewhat convoluted, so I am not sure I understand the full implication of your question. However, to the extent you are asking whether the Court will order no child support because you are a full time student, that is unlikely. That is what is known as being underemployed and the Court can order you to pay support based on what you should be earning. I am not sure what you mean by weaken or eliminate a claim for imputing income. While the court may accept you won't be making what you were, it will have a responsibility to review all sources of income (this is not the same as taxes), and past income.
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Ariel Baniowski ·
I cannot advise you on the language of current order, but I can tell you that the Virginia child support guidelines take into account all income, even non-taxable income. You should speak with an experienced family law attorney about the specific facts of your case.
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