Virginia Child Support
Under Virginia law, both parents have an absolute duty to support their children. Virginia has enacted child support guidelines that control the award of child support in Virginia. The Virginia child support guidelines consider the combined income of both parents as well as the cost of medical insurance for the children, extraordinary medical expenses, the cost of daycare, and the support being provided for other children.
The Virginia child support guidelines are presumed to provide the correct level of Virginia child support. In Virginia, the court will rarely deviate from the statutory child support guidelines. However, if the court were to deviate from the guidelines, the court would find that the presumption favoring the Virginia child support guidelines has been overcome. The court will apply the following factors to determine whether to deviate from the Virginia child support guidelines:
- Actual monetary support for other children or family members;
- Arrangement regarding custody of children;
- Imputed income to a party who is voluntarily unemployed or voluntarily underemployed
- Debts of either party arising during the marriage for the benefit of the child;
- Debts incurred for the production of income;
- Independent financial resources of the child;
- Earning capacity, obligations and needs, and financial resources of each parent;
- Written agreements between the parties as to amount of child support;
- other relevant considerations.
Virginia allows for the collection of child support through income withholding orders. Additionally, when the amount of support no longer represents the situation of the parties, Virginia courts can modify the amount of support ordered. For additional Virginia child support information and legal advice:
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