My ex wife has requested a child support review from the department of child support enforcement in Virginia. I have always had my child support voluntarily garnished from my wages and there is no arranges owed. My ex wife left her employment with the US Air Force in 2007 and has only worked for 6 months October 2014 to April 2015 for a department store. My son is 16 1/2 years old. Can DCSE increase my child support if my ex wife is not working. She remarried in 2005 and her husband is a Federal Government employee making 130k annually.
Possibly. It is highly recommended you seek out a Virginia Family Law attorney to oversee this process and make sure all the appropriate information is before DCSE, and the appropriate appeals are done should DCSE fail.
This post is not intended to create an attorney-client relationship, nor should the information contained therein be considered as legal advice. Each case is unique, and posters should seek independent counsel to handle their legal problems. This post is merely intended to be educational in nature. I am not your attorney, nor do I agree to appear in court for you by posting this information.
You are using the right phrasing here - "voluntary unemployment" is not sufficient, on its own, to merit a change in support. Whether the reason for the unemployment is voluntary is an issue for the court to decide. You may wish to consult with a local family law attorney to review your specifics and plan a strategy. Good luck!
The answer above is only general in nature and is not to be construed as legal advice for any subject as all the facts are not known. Any and all answers are of a general nature only. The answers are not meant to and do not create an attorney-client relationship.
You should discuss the specific facts of your case with an experienced family law attorney.
A parent who is voluntarily unemployed or underemployed can have income imputed to them under certain circumstances.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline