This seems like a no-brainer, but I'm just looking for other perspectives.
I am the CP, living in VA. NCP moved last month from Mass, with 2 children, to VA. Children now live within 17miles. Both parents fairly amicable, and new parenting plan is in the work to allow for ~25% visitation for NCP.
VA child support guidelines are 40% lower than Mass (approx $1100 less, in this case). CP doesn't work, despite $27K imputed income factored into child support obligation. NCP works 1 full time job plus 1 part time (Reserves). No unusual medical circumstances for anyone involved, kids are 10 and 13 and both straight-A students. Both CP and NCP have remarried and are in stable suburban households.
My position, as the NCP, is that I'd like to spend the difference on the kids at the time & place of my choosing. Currently, I'm overpaid by $2000 (long story), and have a track record - documented - of paying for camps, extras, etc.
My question is twofold:
1. Does the move from MA to VA, with the family now colocated, nominally constitute a "change of circumstances?"
2. If the two parties can't sort it out on their own, would the VA judge be likely to reset the $$ figure based on VA guidelines, or would s/he let the dollar figure for MA stand, since there's virtually no change in cost of living? Would the judge be more likely to move to the (lower) VA guideline amount to send a messag to the the "deadbeat CP" who's not making any financial contribution?
Tks,
Dad in VA
I am the CP, living in VA. NCP moved last month from Mass, with 2 children, to VA. Children now live within 17miles. Both parents fairly amicable, and new parenting plan is in the work to allow for ~25% visitation for NCP.
VA child support guidelines are 40% lower than Mass (approx $1100 less, in this case). CP doesn't work, despite $27K imputed income factored into child support obligation. NCP works 1 full time job plus 1 part time (Reserves). No unusual medical circumstances for anyone involved, kids are 10 and 13 and both straight-A students. Both CP and NCP have remarried and are in stable suburban households.
My position, as the NCP, is that I'd like to spend the difference on the kids at the time & place of my choosing. Currently, I'm overpaid by $2000 (long story), and have a track record - documented - of paying for camps, extras, etc.
My question is twofold:
1. Does the move from MA to VA, with the family now colocated, nominally constitute a "change of circumstances?"
2. If the two parties can't sort it out on their own, would the VA judge be likely to reset the $$ figure based on VA guidelines, or would s/he let the dollar figure for MA stand, since there's virtually no change in cost of living? Would the judge be more likely to move to the (lower) VA guideline amount to send a messag to the the "deadbeat CP" who's not making any financial contribution?
Tks,
Dad in VA
