Child Support

Child support is the amount of monetary support agreed to by the parties or awarded by the court for the support of the parties' children. Factors to consider for child support include childcare costs, health insurance costs, the incomes of each party, after spousal support is determined, and the timesharing arrangements for the children.

There is usually little difference between the child support amounts set during separation (the Pendente Lite period) and at a final custody hearing unless some of the factors listed above change during the initial determination and the later determination.

Legislative Changes

As of July 1, 2014, the Virginia Child Support Guidelines have been revised pursuant to legislative changes of Virginia Code Section 20-108.2. These changes could potentially effect present and future support obligations and may even qualify as a material change in circumstances for those seeking a modification of child support. The first major revision to Virginia Code Section 20-108.2 modifies the formula used to calculate child support for those parents whose combined monthly gross incomes exceed $10,000. The second revision eliminates the obligation of the custodial parent to pay for unreimbursed medical expenses up to $250.00 before receiving reimbursement from the other parent.

Who does this affect?

How do I know if I qualify for a modification pursuant to this revision?

For more information, schedule a consultation or call 703.279.5140.

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FAQ

Can the court consider additional cost factors in setting child support?

Yes, they are called deviation factors. They can include the costs of private school, tutors, and the like.

What does the visitation/timesharing schedule have to do with child support?

If the child or children are with one parent for 90 or more days, a different mathematical calculation is used. If there are two or more children and the children reside primarily in different households, a calculation to address that visitation/timesharing arrangement is used.

Why is child support determined after spousal support?

Because any amount of spousal support payable from one parent to the other is added to the receiver's income and deducted from the payor's income to determine the parties' incomes for the child support calculation.

If a mortgage contribution is being paid, is that factored into income like spousal support?

No, because it is to paid to maintain the asset, not to provide support for a party.

What if the other parent makes less than they should or could?

If they used to earn more and now earn less due to decisions or actions they have taken, or they choose to be under employed, the court can treat them as having higher earnings.

What if there are other children to support?

If the person writing the check is supporting another child, a different calculation is used to keep some of that parent's income in their household for the benefit of the other child.

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