10 Dumbest Mistakes in Divorce Cases
This guide will teach you how to identify and avoid the ten most common mistakes people make in a divorce.
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Whether or not you are entitled to custodial or visitation rights with your child, the court may require payment of child support.
Each state provides its own guidelines to calculate the necessary amount of child support per child. In Virginia, the calculations factor in each parent’s gross income, the health insurance costs for the child, and any work-related childcare expenses. Child support must be paid until the child either reaches the age of majority, 18, or until they graduate high school, whichever happens later.
In addition, the court will consider certain factors to determine whether any deviation from the guidelines is necessary. Virginia Code Section 20-108.1 lists the following factors for the court’s consideration:
- Actual monetary support for other family members or former family members;
- Arrangements regarding custody of the children, including the cost of visitation travel;
- Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to a custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that any consideration of imputed income based on a change in a party’s employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party, including to attend and complete an educational or vocational program likely to maintain or increase the party’s earning potential;
- Any child care costs incurred on behalf of the child or children due to the attendance of a custodial parent in an educational or vocational program likely to maintain or increase the party’s earning potential;
- Debts of either party arising during the marriage for the benefit of the child;
- Direct payments ordered by the court for maintaining life insurance coverage pursuant to subsection D, education expenses, or other court-ordered direct payments for the benefit of the child;
- Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
- Any special needs of a child resulting from any physical, emotional, or medical condition;
- Independent financial resources of the child or children;
- Standard of living for the child or children established during the marriage;
- Earning capacity, obligations, financial resources, and special needs of each parent;
- Provisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;
- Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;
- A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
- Such other factors as are necessary to consider the equities for the parents and children.
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In cases where a child has special needs, the court can apply the above factors to deviate from the ordinary support guidelines.
Children with special needs may be entitled to child support after turning 18 as well. In addition, the court may adjust spousal support where appropriate.
Any signed agreement to deviate from the child support guidelines can also have an impact on your case. Before making any agreements, you should consult with an experienced child support lawyer about your case.
Although no lawyer can guarantee a particular result in your case, they can provide guidance as far as how each factor may impact your case. A child support lawyer can also advise you regarding recent decisions in your local jurisdiction.
Anytime a child support matter is initiated, you can request a temporary order to begin support payments while the case is pending. In some situations, the court may order a contribution to your attorney’s fees as well.
A final child support order will date back to the initial date of filing and the court will determine whether any arrearage is owed for the time period while the matter was pending. The court can also determine whether a credit is owed, if a party has overpaid their support obligations.
Child support will be impacted by custody and visitation orders depending on whether the parties have shared custody. Custodial arrangements where the visiting parent has 90 days or more of visitation per year will adjust the child support calculation.
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