Hello and welcome to Shawna L Stevens PLLC’s daily blog post! Today, we will be discussing a crucial aspect of family law in Virginia: child support. Child support is an essential element in ensuring the well-being of children during and after a separation or divorce. We will explore the basics of child support in Virginia and reference the Code of Virginia § 20-108.2, which establishes the guidelines for determining child support obligations.
Child Support in Virginia: The Basics
In the Commonwealth of Virginia, both parents are legally responsible for the financial support of their children. The purpose of child support is to ensure that children continue to receive the care and financial resources they need, even if their parents are no longer together. Child support payments are typically made by the non-custodial parent to the custodial parent.
Code of Virginia § 20-108.2: Guidelines for Determining Child Support Obligations
The Code of Virginia § 20-108.2 sets forth the guidelines that courts use to determine child support obligations. Some of the key factors considered by the court include:
Combined Gross Income: The combined gross income of both parents is taken into account. This includes salaries, wages, commissions, royalties, bonuses, and other income sources.
Number of Children: The number of children for whom support is being determined is also considered. The guidelines provide a sliding scale of percentages based on the combined gross income and the number of children involved.
Custody Arrangements: The amount of child support may be affected by the type of custody arrangement in place. In shared custody situations, where each parent has the child for more than 90 days a year, the child support amount may be adjusted based on the percentage of time the child spends with each parent.
Health Insurance and Childcare Expenses: The court will also consider the cost of providing health insurance and work-related childcare expenses for the child.
Deviation from the Guidelines: In certain circumstances, the court may deviate from the guidelines if it finds that the calculated amount would be unjust or inappropriate. Factors that may lead to deviation include extraordinary medical or educational expenses, the special needs of the child, and any other relevant factors.
Modification and Enforcement of Child Support
It is important to remember that child support orders can be modified if there is a material change in circumstances, such as a significant increase or decrease in income or a change in the child’s needs. Additionally, Virginia has strict enforcement mechanisms in place to ensure that child support obligations are met, such as income withholding, tax refund interception, and suspension of licenses.
In Conclusion
Understanding child support in Virginia is essential for parents navigating the complexities of separation or divorce. The Code of Virginia § 20-108.2 provides guidelines that help courts determine appropriate child support amounts based on various factors. If you are facing a child support matter, it is crucial to consult with an experienced family law attorney who can guide you through the process and advocate for your and your child’s best interests.
For more information on child support or other family law matters, please contact Shawna L Stevens PLLC. We are here to help you navigate the complexities of Virginia family law.