KENNETH W. FARRAR NANCY H. MASSIE

Judge Clerk

COMMONWEALTH of VIRGINIA

Twenty-fourth Judicial District

Juvenile and Domestic Relations District Court

P. 0. Box 7

Lovingston, Virginia 22949

434-263-4894

December 5, 2002

[Address omitted]

[Address omitted]

Re: ________ Vs. ____________

Dear Mr. ________ and Ms. ___________;

With reference to the above I am writing this letter to render my decision. In that regard the motion of ___________to reduce child support is granted and child support is set at $674.96 per month effective May 16, 2002.

An order was entered by this court on September 20, 2001 at which time child support was set in the amount of.$735.86 per month effective August 9, 2001. This award was based on child support guidelines reflecting income per month for __________ of $4294.36 and per month income for Ms. Page of $2268.68. Subsequent to entry of the above referenced order ___________ filed a motion with this court asking that child support be adjusted for reasons largely reflected in the testimony of R. Mark Rogers. Mr. Rogers maintains that the presumptive child support guidelines are based on assumptions that are inapplicable to the instant case and that application of the guidelines to this case results in a skewed result which is unfair to ___________. Further, Mr. Rogers contends that the custodial parent receives tax benefits by virtue of having custody of the child that amounts to $130.00 per month in actual dollar value to the mother.

Evidence presented at trial of the case established monthly income to the mother of $2336.38 and monthly income to the father of $4299.00. In addition the father received a one time payment of $6449.04 and $1752.26, which, when spread over a 12 month period, amounts to additional monthly income of $683.42 resulting in total monthly income to the father of $4982.42. The court proceeded to calculate the presumptive child support based on the above monthly incomes resulting in presumptive child support of $804.96 per month or $185.90 per week. The court finds that the presumptive child support of $804.96 per month should be reduced to reflect the positive tax consequence realized by the mother as the custodial parent and therefore sets child support at $674.96 per month or $155.88 per week effective May 16, 2002, the date of the hearing. To the extent the father has overpaid child support to the mother, this amount shall be established by the parties and paid by the mother to the father on or before April 1, 2003. In the event the parties are unable to agree on the amount of any such overpayment, please advise the court and a further hearing will be conducted on that issue.

A copy of the courts order as well as child support computations are enclosed.

Sincerely,

Kenneth W. Farrar, Judge

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NOTE (not in letter): The case citation is _______ v. __________, Nelson County, Virginia, Juvenile and Domestic Relations District Court, case number 2498220, December 5, 2002 .