PLEASE HELP US MARINE IN NEED OF ADVICE FOR IMMEDIATE RECALC

[Michaelsdad]

PLEASE HELP US MARINE IN NEED OF ADVICE FOR IMMEDIATE CHILD SUPPORT MOD!!!!!!!!!?
I am a US Marine and have a significant change in circumstances and need a child support modification immediately in Virginia! With the divorce my pay decreased to half for being single, but I am paying child support as though I still make "married pay" ($1066 for one child because the mother has refused to get any job for 3 years and the court allows her to pocket the childcare expenses). I'm currently deployed, my attorney never responds to me or pays attention to my case even though he has been paid, and i have no more credit line. Is there any way for me to petition the court or the judge or my ex-wife's lawyer to recalculate the support immediately? The case was left on the docket for exactly this reason because they knew this would happen when the decree was official, but greed always prevails. I have no problem supporting my son (hell i fought twice for custody cuz she was abusing/drugging him); all I seek is fairness and all I am getting is screwed.

[Fatheroffour]

THe only way to do it immediately is to do it yourself. Her side sure isn't going to do it for you.

My suggestion is to go to the state child support web site and read through it.

You can get the form for a modification here. If your modification is denied, which it shouldn't be, then there is also an appeals process you can go through. The links are at the state web site.

[tom kirkpatrick]

I forget what it's called, but the military offers an allowance for child support. It's tax-free, like a housing allowance. You need to look in to that. Depending upon your rank and/or pay grade, the child support allowance may be all you hafta pay.

File a "MOTION TO MODIFY" immediately - the sooner, the better. This is called "substantial change in circumstances" since the last order was written and is grounds to modify your child support order. You can do this yourself (pro se), and get an attorney later, if need be. Better still, start by filing a modification thru Support Services. They will handle this administratively and/or do a confrence call over the phone if necessary.

Remember, the family court system doesn't take kindly to reductions in child support. So you can expect them to drag their feet. This will take a while, like a year or more. So, you've gotta dig in for the long haul.

Tom

[Michaelsdad]

The child support military pay u are referring to is only $200 in Hawaii, and all that does is help increase my obligation because it is now income. VA does not care about military and especially fathers in my experience.
With my "attorney on record"??? can I even handle this pro se? The court was aware that my pay would be cut in half when I received my decree due to the loss of my married entitlements (which arent taxable income but fair game in VA), which is why the support case was left on the docket so our attorneys could go back into court when I received an updated paystub. I gave them the proof beforehand of what my pay would (and has now) become via public knowledge on the WWW, but the judge said for them to just return with my updated "single" paystub. Now both are dragging their heels, and my attorney said to give him a written statement saying my pay would not go back up. The last thing I said to him was "WHY THE HELL DO I HAVE TO DO THAT WHEN YOU COULD USE ANY ONE OF THE NUMEROUS EMAILS I HAVE SENT EXPLAINING MY LES AND IVE PROVIDED THE PAYSTUB AS REQUESTED?" He just gave me an excuse that my case hasnt been easy to handle. Its as if the court doesnt care.

[lohe]

It's not "as if the court doesn't care". The court doesn't care.
They don't care about you or your children.
Don't expect them to lift a finger unless you file the appropriate paperwork and even then you're lucky if you get a judge who will even bother to do his/her job then.
But, you can do this yourself. Stinks that you might have to and you have my sympathy and thanks for your service. If you have time time you might read up on local (Virginia) procedures and find the self help center for that county and use it.

[Patrick Price]

Hopefully your parents have grand parent visitations while your on duty. This keeps you in the loop.

[Patrick Price]

What does your "JAG" officer say? Or can he/she help?

[Michaelsdad]

Jag doesn't get involved in civil affairs...the only help they were was telling me I understood the law well during various reasons I've gone in. They said I am at the mercy of the court.

[Fatheroffour]

Have you filed a modification request yet?

[Michaelsdad]

I do not want to go thru dcse if I don't have to. Don't they bug both parties each month for current pay stubs/les once u start going thru them? I've heard nightmares about the state system.