Is there a limit to how often a person can file?

[gemini3]

Hi Soc.  All parties reside in VA.  We had a hearing last week where BM's motion to amend child support was denied.  She has since found part time employment.  

Can she refile using this as a change in circumstance, or does she have to wait a certain period of time?

Thank you.

[socrateaser]

>Hi Soc.  All parties reside in VA.  We had a hearing last
>week where BM's motion to amend child support was denied.  She
>has since found part time employment.  
>
>Can she refile using this as a change in circumstance, or does
>she have to wait a certain period of time?

Change in employment is a change in circumstances, if the income employment is considered in calculating support.

[gemini3]

So there's nothing stopping her from getting a job for a month, filing an amendment, then quitting once it's been amended?  

I'm asking because we agreed upon a certain amount in our divorce decree based on the fact that I assumed all debts, etc.  She filed for an amendment because state calculations would award her more, but since there was no change in circumstance it was denied.  

Now she has gotten a job to create the necessary change.  My feeling is that she will hold the job just long enough to get an amendment to the support (even though she may get the same amount or less depending on what kind of income she recieves), then quit and have it recalculated again using her unemployment as change in circumstance.  This is how she's trying to get around the agreement we made in he divorce decree, which is less than a year old.

Is there anything I can do about this?

[socrateaser]

>So there's nothing stopping her from getting a job for a
>month, filing an amendment, then quitting once it's been
>amended?  

A pattern of such behavior would cause the court to use earning capacity rather than actual income to set support -- this would defeat further modifications.

>I'm asking because we agreed upon a certain amount in our
>divorce decree based on the fact that I assumed all debts,
>etc.  She filed for an amendment because state calculations
>would award her more, but since there was no change in
>circumstance it was denied.  

Well, you made a big mistake making such an agreement, because debts are not subject to later modification, whereas support is.

>
>Now she has gotten a job to create the necessary change.  My
>feeling is that she will hold the job just long enough to get
>an amendment to the support (even though she may get the same
>amount or less depending on what kind of income she recieves),
>then quit and have it recalculated again using her
>unemployment as change in circumstance.  This is how she's
>trying to get around the agreement we made in he divorce
>decree, which is less than a year old.
>
>Is there anything I can do about this?

You can prove that other jobs with similar pay are available, that she is qualified for said jobs, and the only reason that she is not working is because she doesn't want to. If you do, the court will use the pay from the available jobs to compute support, whether she works or not.

[gemini3]

Thank you, and yes, I did make a big mistake with that.  I made a big mistake on a lot of things when we got divorced - the biggest of which was not having a lawyer.  Now I am trying to correct all of that, and it's much more costly and time consuming.  

Thank you for your help.

:-)