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My ex is constantly coming after me for money and filing papers to adjust child support. I currently pay based on the support

Vienna, VA |

guidelines but I have received a few raises since we have divorced two years ago. At the same time, he has gotten fired from jobs and doesn't even work full time and makes less than he did when we were married. I just got promoted again as my ex wants to again reopen child support saying I should be paying more because I make more. We share custody of our kids and they live with me half the time. I don't have an issue paying for children but it seems a bit much too readjust support every time i get a raise. Does it always have to be reopened?

Attorney Answers 2


Unfortunately, if either parent is earning more or less income then there is a material change of circumstance that would justify a Motion to Amend. However, if your ex is making less money because he was fired then his former income should be imputed to him. Your ex cannot be voluntarily underemployed.

If your ex attempts to calculate the new child support based on his lower income then I strongly suggest seeking counsel. Certain specific information is needed to satisfy the imputation requirement and have the judge impute income.

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You should seek counsel. Our office offers free consulations for cases like yours.

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