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Child support payments when paid less than fed min wage in VA?

Child support payments when paid less than fed min wage in VA? Topic: Federal court case schedule
April 22, 2019 / By Ashleigh
Question: What if a non-custodial parent makes less than fed min wage (40 hours a week @$7.25/hour=$1160 gross income) which he/she makes only around $600 (due to personal circumstances) and has a proof that is living with a roommate who has no relationship with the non-custodial parent. Anyway, in our case Division of Child Support Services computed non-custodial's income at fed min wage, even higher at $1253/month and ordered him/her to pay $376 per month, even though he/she makes only $600 gross The non-custodial parent appealed, appeal was denied, court denied claim to modify child support stating he/she needs to go to Child support enforcement and explain, anyways, seems like stupid VA loophole IS THIS LEGAL? What he/she can do about it? P.S. Economy is the reason for such a low income of a non-custodial parent, and he/she has all the proofs that he/she applied to many many jobs.
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Best Answers: Child support payments when paid less than fed min wage in VA?

Zephaniah Zephaniah | 1 day ago
Minimum income is imputed as minimum wage. Which is not $1160/mo. $7.25/hr x 40/hrs = $290/wk. There are 52 weeks in a calendar year. That's $15080 in 12 months for a total of $1256.67 a month. Five out of six months are $1160, but one out of six is $1740 (based on a bi-weekly pay schedule). That makes an avaerage of $1256.67. Yes it's legal. Minimum wage is just that, minimum. If he can't pay the support, it'll be taken from his taxes. Or expected to cover arrears when he gets a better job.
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Zephaniah Originally Answered: Child Support Wage Garnishment in Georgia?
First here's a good GA specific website for a brief overview of your states cs laws. http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=GA&CFID=1413181&CFTOKEN=d6821b6c0f41d42a-2C552F64-CB1D-32AD-6681A7F0AFB54F2D#top You have to take your court docs to the cs office, & talk to your case worker directly. You can try the phone first if you want, & maybe mail your proofs in, but in person is better if you are able. Make an appointment. The problem sounds likes maybe when you got custody, no one notified the cs office. Or they have their records screwed up. So long as you have court docs showing that your child support was supposed to end when you got custody, this shouldn't be too difficult to clear up. It will probably take months to fix, and months to get your money back, since they are sooo slow when it comes to fixing things. (but they are lightning fast to take the money aren't they) Anyway, as long as you have the appropriate documentation you should be in the clear. It's just a matter of proving it to them. If for whatever reason you didn't go through court to get custody, and it was "off the books" so to speak, then you may be in trouble without better proof. In which case you will definately have to return to court. So the only way to clear this up, get your money back, & stop the garnishment is to convince them that it shouldn't have happened. You have to keep on top of them too. Don't let them say, we'll get back to you or something like that. Call them everyday if you have to.
Zephaniah Originally Answered: Child Support Wage Garnishment in Georgia?
Did you have an agreement in writing with the ex? It sounds like she is trying to screw you. She must have gone to court and had your wages garnished. If the kids are going to college or trad schools, she can probably still collect, regardless if they are 18 or not. You need to get a lawyer to look into this for you. You can also contact your HR dept., and the state child support division and find out about the garnishment.

Skylar Skylar
If both parents were getting along with each other if they filed for shared custody there is no problem (it can be changed many times and free help at the counties family law center)
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Ormerod Ormerod
Go to child support enforcement and make an official request to modify the order. They are required to help either parent upon request, by federal law. http://ChildSupportRights.org/WhatPayers... http://www.youtube.com/playlist?list=PLC... ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬... Federal Child Support Enforcement Handbook for Non-Custodial Parents http://childsupportrights.org/ ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬... To learn a father's rights, join Dads House Educational Center in Yahoo Groups. It's free to join and access all materials. You also associate with other fathers going through, and have already gone through, the same issues. We have an Educational Manual that teaches everything that needs to be known in addressing your legal issues. Mention your question here when asked why you want to join, as well as your state? http://groups.yahoo.com/group/Dads_House_Ed_Ctr/ http://www.youtube.com/DadsHouseEdCtr ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬... 2nd Wife Club in Yahoo Groups, for those brave enough to take on a man with "baggage". http://groups.yahoo.com/group/2ndwifeclub/ http://www.facebook.com/proudstepmoms ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬... For 22 years, I have volunteered my time working with divorced/single fathers dealing in family law issues, such as child support, teaching them about what the states are not telling support obligors. ♂♀
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Ormerod Originally Answered: If you are awarded joint legal custodyafter a divorce, are you responsible for child support payments?
Check how this is being written up or if you mistyped the information here. Joint Legal Custody is NOT the same as Joint Physical Custody. You mentioned Joint LEGAL but described Joint PHYSICAL. In the case you are describing it sounds like Joint Physical Custody in which the parenting time would be equally split. It also sounds as though the Mother is the parent with the higher income between both parents. This means that the courts may very well order the Mother to pay child support to you in order to give the child the same standard of living in BOTH homes during each parent's parenting time. Because the mother is the primary wage earner it could be nullified because, despite some best efforts, the courts are still slightly biased, but then again society is still biased against mothers and turning to support fathers... It is a tangled web we all weave. In the end, I just hope that you both work together and that whatever decisions are made between each other and by the courts have no effect on the children as they are the important people in these situations.

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