i only recieve 750 a month for him right now and was wondering is this is fair
Divorce / Separation Lawyer
Your entitlement is based on his earnings and was set, presumably, by court order. If you wish to modify it you should consult a local attorney.
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Divorce / Separation Lawyer
Virginia has set forth child support guidelines in Section 20-108.2 of the Virginia Code. These guidelines provide the presumed correct amount of child support. To convince a judge to modify the guideline amount, you must present sufficient evidence to convince a court that a higher (or lower) amount is appropriate given the specific facts and circumstances of your case.
The guidelines consider each parent's gross income as well as some of your day to day expenses, including child care expenses. I would speak to an attorney to go over the specifics of your case so you can determine the guideline support amount and review the specific facts of your case.
The information provided in this response is in the nature of general information and in no way creates an attorney-client relationship with anyone including the individual who posted the question. If you would like to schedule a consultation to discuss the specifics of your case, please contact Livesay & Myers, P.C., (540) 370-4140, www.livesaymyers.com.
Family Law Attorney
Child support is usually calculated by a formula, which is detailed in Section 20-108.2 of the Virginia Code. In essence, there is a chart that determines based on the total gross income of both parents and the number of children what the total support should be. Work-related daycare expenses and health insurance costs are factored in (as are other children with other parties or support paid for such children). Most attorneys have programs or spreadsheets that can quickly calculate this presumptive amount.
The Court can do something other than this formula if there has been determined to be good cause and the Code of Virginia (Section 20-108.1) lists the factors that are considered. The vast majority of cases are determined by the formula, however.
Lastly, if the amount you are receiving is due to a court order (and not voluntary payments), then you must show the Court that something has changed (what is referred to as a "material chance of circumstances") since that last Order in order to modify the amounts. This can be increased daycare, a change of income, or something similar.
Every case is different and you should seek Tidewater counsel that is familiar with the law and the local courts.
Law Office of Kellam T. Parks, PLLC
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Virginia Beach, VA 23452
IMPORTANT INFORMATION: Addressing your issue does not create an attorney-client relationship and I am not providing legal advice. I encourage you to personally contact an attorney who practices in the area of law in order to provide all relevant information before taking any action.