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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:
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.
At Melone Hatley, P.C., our child support lawyers will guide you through this difficult time and obtain the best possible outcome for your Child Support needs. Contact our office today to schedule a free initial consultation with a Child Support Lawyer.