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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.

Nov 29
1999

Ask a Lawyer: Ability To Comply

Posted by: Dads Divorce

Question:

I have a current order that says that I am to pay my former spouse $350 a month for child support. This is to the penny based on what the guidelines show that I should pay in Virginia. This does take into account what I pay for my son's health insurance also. My higher paying job was done away with in March 2005 and I started a new job the very next week I was released from my management position. I was released because sales were slow for the business and the owner saw it necessary to let me go (high salary) and for him to manange our stores himself. I am on a set "training pay" for 6 months then I will be on commission only. My set pay shows that I should pay quite a bit less and then, taking into account what I pay for my son's health insurance, now makes it even a little less. What I need to know is since we will not be in court until the end of this year and I cannot afford to pay the $350 a month since I do not have the "present ability to comply" due to my lower paying job for now, can I faithfully pay her what would be required by the guidelines and keep myself from getting in trouble for not obeying the current order that says I should pay $350 a month? Thanks for your items I purchased form the Dads Store. It has helped me quite a bit.

Answer:

I suggest that you make all arrangements to make the payment of $350.00 per month. It could jeopardize your case if you are in contempt of court when you try to modify the child support amount. However, if you absolutely do not have the money pay as much as possible. Do not under any circumstances not pay any amount of support.
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