QUESTION
What should I do if father of my child is hiding money to not pay child support. He is self employed.
Asked on Jul 04th, 2014 on Child Support - Virginia
More details to this question:
The father was making $50,000 yearly while employed 4 years ago as a plumber. He now is claiming he only made 13,000 last year according to his W2. What can be done to be sure his full potential is included in his portion of support. I only make 11.75 an hour and am having to cover all medical etc. He received an inheritance so doesn't need to work if he doesn't want to. I have already paid almost $4000 dollars in custody issues and don't have any more to spend.
1 ANSWER
1 Award
If the father is voluntarily underemployed, the court can impute income to him as if he were still making the higher salary. However, if he was laid off his job and shows that he has been trying to obtain a better job without success, it can require hiring a vocational expert to prove that he could be making more money. However, if he quit his higher paying job or was fired for cause, it should be easier.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Jul 07th, 2014 at 5:16 PM