[VA] [VA] How do I reduce court-ordered child support obligations?
So right now it’s court ordered that I pay child support, but me and my wife aren’t divorced yet and are working on it. I’m filling out a parenting plan. If it says on the parenting plan that there shall be no child support payments due to either party—because that’s what we have agreed on—would that take away the child support payments I’m currently paying?
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When a child is on TANF (Temporary Assistance for Needy Families), child support is required. Once you have a Parenting Plan filed with the court granting you more overnights, you may file a Motion for Modification and seek to have the amount lowered or terminated.
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So right now it’s court ordered that I pay child support, but me and my wife aren’t divorced yet and are working on it. I’m filling out a parenting plan. If it says on the parenting plan that there shall be no child support payments due to either party—because that’s what we have agreed on—would that take away the child support payments I’m currently paying?
Lexi, Chatbot
I understand this must be a difficult situation for you. Have you discussed this proposed change to the parenting plan with your wife?
Yes.
Lexi, Chatbot
Are you currently represented by a family lawyer for your divorce proceedings?
Not yet. She went and got with a lawyer and had them work up a divorce to send to me, but I was waiting until I got it to do so.
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your child support issue.
That should be about it. I just need to know if filing this parenting plan in court will take away the child support on me now if me and my wife agree and sign the parenting plan.
Jessica B
Thank you for choosing AskaLawyer! My name is Jessica and I am a licensed attorney that will be assisting you with your question. I am reviewing your question and will be providing a response momentarily.
I am so sorry you are having a child support issue. What state is the divorce pending?
Virginia is where it will be.
Jessica B
Ok. Is she willing to waive her right to child support?
The way she talked, she is. But the judge is the one that hit me with it in the last court hearing. We went over her taking TANF and then making me pay it back as well. I know I’m stuck with that. But the child support is what I’m trying to get off of me, because we worked out where I would have them more overnights to make it even between us both.
Jessica B
When a child is on TANF (Temporary Assistance for Needy Families), child support is required. Once you have a Parenting Plan filed with the court granting you more overnights, you may file a Motion for Modification and seek to have the amount lowered or terminated.
Ok, so after everything is filed in the court, I’ll have to file a motion toward it?
Jessica B
Correct.
Ok. I knew I’d be stuck with the TANF. We agreed on $50 for it a month, but then the judge said where I didn’t have them overnights evenly that I would have to pay $580 more for child support. So that’s what is getting me. And they didn’t even give me a month to get behind before garnishing my wages.
Jessica B
Correct. The key is the change in the number of overnights. That can reduce the amount you are being required to pay.
Ok thank you. I just wanted to make sure I was going on it the right way.
Jessica B
No problem. Thank you!
Jessica B
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