Child Support Matters in The Commonwealth of Virginia
Child support in Virginia is very important. After a divorce in Virginia, the courts expect both parties to agree on fairly dividing assets. If they cannot agree, the judge will do it. One particular aspect of divorce that’s left up to the Commonwealth of Virginia is child support.
This month we will explain how the laws work for child support in Virginia. First, we will talk about child support laws themselves. Then, we will explain how courts calculate child support in Virginia. Harrison & Turk PC is proud to educate our customers on child support in Virginia.
What Are The Laws for Child Support in Virginia?
Every state handles child support differently. The Commonwealth of Virginia outlines child support guidelines in the Virginia Code 20-108.2. The state uses a sophisticated mathematical formula to figure out the child support payment for a case. How they use the procedure depends upon the custody agreement between the parents. Here are some different custody arrangements:
Sole Custody: A child stays with one parent for the majority of the year.
Shared Custody: A child stays with each parent for at least 91 days out of the year.
Split Custody: A couple with two or more children has custody of at least one child for most of the year.
How is Child Support in Virginia Calculated?
The Commonwealth of Virginia bases its child support guidelines on the total income between the two parents. The law requires both parents to provide their gross income. A parent’s gross income can adjust for alimony, support for other children, and government benefits. A state table outlines how much money parents should put aside for child support obligations.
The state apportions the final obligation for child support between the two parents based on their respective incomes. If one parent makes 65 percent of the child support payments, that would be 65 percent of the child support expenses. The non-custodial parent will pay their child support figure each month to the custodial parent. In the case of split custody, the courts will calculate sole custody for each parent and make the appropriate adjustments.
Appealing a Child Support Ruling in Virginia
Virginia designs their child support laws to create the most equitable solution possible for the child’s best interests. However, the courts do recognize the uniqueness of each situation. A judge has the power to increase or decrease a child support award, if necessary. When the court calculates a child support figure, a parent has the right to ask the court to adjust it. Adjustment factors might include obligations to children from another relationship, special needs expenses, or legally allowed deductions. It is also possible to ask the court for a child support modification. This situation usually happens when a parent has a change in financial status.
Here are Some Issues in Determining Child Support
While the state designs child support laws to speed up the process, some issues can get in the way. Here are some common problems in determining child support in Virginia:
Interference with the other parent’s time with the children: Over time systematically, isolating the children may lead to parental alienation. Parents may adopt this strategy to artificially increase their time with the child and increase child support.
Parents still seeking parenting time that they can’t handle: This takes place when parents demand additional time with their children. In doing so, they want to increase their child support obligations and manipulate other negotiations.
Parents refusing to become gainfully employed: This occurs when parents fail to recognize the mutual agreement of child support. Some parents believe that they can stay unemployed even after the divorce.
Lying about their income: When a parent attempts to conceal their income, this could affect their child support. Parents must be honest about their income when dealing with child support in Virginia.
Harrison & Turk PC Offers Superior Family Law Service
The compassionate family law attorneys at Harrison & Turk PC have helped parents with child support throughout Virginia. We have over 70 years of legal experience and believe that every case is important and unique. Harrison & Turk PC prides itself on offering honest advice, as well as high-quality representation. We use our expertise to fight for your rights and advocate for decisions that benefit your children.
Harrison & Turk PC has developed an outstanding reputation throughout Southwest Virginia for providing family law and other legal services. With a convenient location in Radford, VA, we work with individuals and families throughout the New River Valley. For over seven decades, our law office has aided residents who require prompt and professional legal representation. To learn more about our child support services, please visit the family law page on our website.
For more information on child support in Virginia, give Harrison & Turk PC a call at (540) 639-9056. Our law office brings over 70 years of legal experience to the office every day while proudly serving the New River Valley. We pride ourselves on educating our customers about child support in Virginia.