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CHILD SUPPORT IN VIRGINIA

Virginia uses a formula to set a “presumptive” amount that each parent will contribute to child support. The amount is based on the combined monthly incomes of both parents.  The idea is to give children what a single household with both parents would have given them.

You can get an idea of what your amount could be using one of two worksheets:

The formula looks at each’s parent’s available monthly income. You will need the following information for you and your spouse to use the worksheets:

  • Income from all sources, including salaries, wages, veteran’s, and disability benefits

  • Spousal support obligations in this and any other case

  • Child support obligations in any other case

  • Child support payments either of you receives in any other case

  • Monthly expenses if either or both of you are self-employed or own a small business

  • Monthly health, vision, and dental insurance premiums for your child/children

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ADJUSTING THE "PRESUMPTIVE" CHILD SUPPORT AMOUNT

Virginia law—VA Code §20-108.2—allows either spouse to ask the court to adjust the presumptive award up or down because it would be “unjust or inappropriate in a particular case.” Some relevant factors include:

  • Support for other family members

  • Visitation costs

  • Income “imputed” to a parent who is willfully unemployed or underemployed

  • Childcare costs incurred so a custodial parent can work

  • Debts incurred for the children during the marriage

  • Court-ordered payments for life insurance or education on behalf of the child/children

  • Extraordinary capital gains from the sale of the marital home

  • A child’s physical, emotional, or medical special needs

  • Any child’s independent financial resources

  • The standard of living established during the marriage

Making Notes

MODIFYING A CURRENT CHILD SUPPORT ORDER

A child support order may be modified for the following reasons:

  • It has been at least 36 months since the order was reviewed for modification;

  • A child needs to be added to the order (because of a physical change of custody or a birth);

  • The order needs to consider health care coverage costs;

  • A child is no longer eligible to receive support (because of emancipation or a physical change in custody);

  • Health care coverage premiums changed by 25% or more;

  • The existing order doesn't' include the reimbursed dental/medical provision;

  • The custodial parent's work-related child care expenses changed by 25% or more; or

  • Either parent's income changed by 25% or more.

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JMA LAW is here for you and your family. If you need assistance with receiving Child Support for your children, getting your Support amount increased, or if you would like to discuss your options in reducing the Child Support amount you’re ordered to pay, come talk to us. We work tirelessly to get the results our clients need and deserve. Contact our legal team today at 757-447-7249.

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