If you're getting divorced or working through a separation agreement, there's plenty of financial details to consider - especially if you have children. In other circumstances, disagreements about child custody, changes in living arrangements, or even changes in guardianship may not have anything to do with a marriage...In the State of Virginia, both parents are held financially responsible for a child, whether they are married, separated, divorced, or were never married in the first place. So, from the court's perspective, determining child support payments is about fairness and even distribution of financial responsibility. It ultimately comes down to income and primary custody. First, the total monthly income of each parent is combined (we'll use "parents" to keep it simple, but this will reply to legal guardians and custody holders in general). This total income is known as "family income." This total figure is then examined to determine what percentage of the income is coming from each parent. This percentage is the parent's child support obligation. For example, if one parent makes 70% of the total family income, they would also be held responsible for 70% of the costs of childcare. Now, this basic percentage rule is subject to many, many factors. Full time custody is factored into the costs, meaning that the parent housing the child is considered to be bearing the majority of those related costs. Similarly, the financial obligations of alimony/spousal support, joint custody, and so on will affect the final determination. The costs of work-related childcare and health insurance are typically added on top of the initial determination of child support obligation, and responsibility is divided in the same way. In sole custody situations, child support obligations will likely be determined by the process described above. For split custody (where there are multiple children, and each parent has custody of one or more), obligations are calculated just like sole custody for each child, then the overall difference determines a support obligation for one or both parents. For joint custody, family income is still a determining factor, as is the total number of children and the percentage of time spent with each parent. Child support determinations of all kinds begin with the same Virginia-based guidelines, which outline the basic obligations based on total family income and number of children. It's important to understand that every situation is different. These are the baseline requirements for the State of Virginia, but exceptions to the guidelines can be made for a variety of reasons. If there is financial support coming in from public assistance or other family members, this can directly affect either parent's obligation. Many other unique scenarios - from a child's special needs to a parent's disability, a child's independent financial resources to windfall income from selling marital assets - can all have an effect on the determined child support obligation. This is a major reason it's so important to have legal representation during such determinations! Parents can set out child support agreements on their own terms as well, and as long as both parties agree and the terms fall within the bounds of the law, a court determination won't be necessary. If, however, there is disagreement (from custody to support amounts), the courts will have to be involved. If all of this is happening in the midst of a divorce, the legal and financial elements of custody and child support can be overwhelming. Take your time, stay calm, and lean on the expertise of legal professionals to help guide you through his multi-step process. Parents can appeal their child support obligations in some scenarios as well, such as drastic changes in income, adding or removing another child from the order, changes in health coverage, etc. The point here is to fairly and effectively ensure that children are well taken care of, with the financial support they need to lead healthy, safe lives.
If you have any questions about the divorce process in Virginia, don't hesitate to contact Higginbottom Law today.
Higginbottom Law PC
11815 Fountain Way, Suite 300
Newport News, Virginia 23606
Phone/Fax : (757) 320-2141
Higginbottom Law PC
11815 Fountain Way, Suite 300
Newport News, Virginia 23606
Phone/Fax : (757) 320-2141
We serve clients in all Cities and Counties throughout Virginia.
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