Virginia Child Support Attorneys
Like every other state, Virginia holds every parent responsible for financially supporting their children, and child support is the tool it uses to get the job done. If you are facing a child support concern, turn to the professional legal guidance of an experienced Virginia child support attorney.
How this Financial Responsibility is Divided
The basic factors that go into calculating child support in Virginia under state guidelines include each parent’s income and the number of overnights each parent has with the children. If one parent is the primary custodial parent and the children live most of the time with them, this parent’s financial obligation will likely be considered met – or nearly met – and the other parent will pay child support to them.
If you and your children’s other parent split your time more equally with your children – or the parent with a visitation schedule has the children more than ninety days per year – it can affect the amount of child support the obligor owes. Generally, however, the higher earner will be obligated to pay something in child support to the other parent – because child support is based on each parent’s financial ability to pay (in accordance with the children’s best interests).
Deviating from the State’s Guidelines
If there is an extenuating circumstance that the judge believes warrants deviating from the state’s child support guidelines, they can do so. The factors they will take into consideration in the process include:
- The parents’ custody arrangements, including the cost associated with visitation (if travel is involved, for example)
- Whether or not either parent is responsible for supporting other family members
- Whether or not the obligor is voluntarily underemployed or unemployed
- Debts incurred for the benefit of a shared child by either parent
- The expenses either parent incurs regarding factors that benefit the children, including life insurance, their education, court-ordered payments, and more
- Either parent’s extraordinary capital gains, such as from the sale of a business or the family home
- Any special needs any of the children have
- Any independent resources any of the children have
- The standard of living the children experienced while their parents were married
- The value of the marital property each parent received in the divorce
- The divorce-related tax implications each parent experiences
- Anything else the court deems relevant to the child custody case in question
All told, calculating child support can be extremely complicated, but because it is critical to your children’s health and well-being, it should receive the legal attention it deserves.
