Divorce can be complicated and you may need to hire a divorce attorney in Virginia, but here is useful information about child support.
Child support is a payment from one parent to another to cover the expenses of their children like education, health and other expenditures. It makes sure that children enjoy the same benefits or get similar economic conditions they were getting before the marriage was dissolved. Usually, the noncustodial parent has to pay to the custodial parent. A court looks into various factors like medical expenses, child’s age, income of the parents, education expenses, standard of living, etc. before deciding the amount to be given in a child support case.
Both the parents can decide about child support or consider court’s order during their divorce proceedings. If the parents do not come to a consensus on the amount, a judge will then decide the amount to be paid by one parent to another. Virginia Child support is established using child support formula takes into account the number of children and the income (which could includes salaries, commissions, bonus, royalty, inheritance, gifts, etc.) of both parents. The court will also determine other factors like child’s health insurance policy, education fee, etc. while calculating.
If one of the parent is self-employed or a partner in a certain business, then the judge can also deduct from the gross income of the business. If either parent has child from previous marriage or relationship, then there could be some adjustments while calculating the amount for child support. There is also a different calculation involved if a parent has more than 90 days of visitation rights in a year. While calculating, the judge will take the number of days (a day means 24 hours) each party has visitation rights to. If a parent has least number of custodial days which includes an overnight stay but is not 24 hours, then that period will be calculated as one-half of a day.
Once the child support details are finalized and later you want to modify it, then you will have to file a petition in the court. If the modification to the agreement has been carried out privately by the parents, then it will not be approved by the court or considered legal. The modifications are carried out only in case of a significant change in circumstances like a tremendous decrease in the payee’s income or if the payee has lost his/ her job. Virginia child support lawyers can help in modifying this agreement.
It could be difficult for the spouses to deal with child support, so it is best to hire an attorney who knows about Virginia child support case and will handle it well for you.