The presumptive amount of child support is determined using “child support guidelines” contained in Code § 20-108.2, using the parents’ gross incomes, work-related child care expenses, cost of health insurance, and extraordinary medical expenses.

In addition to the guidelines, when determining an amount of child support, Virginia law sets forth in Code § 20-108.1 the various factors that the judge will consider in setting an amount of child support.  These factors are as follows:

1. Actual monetary support for other family members or former family members;
2. Arrangements regarding custody of the children, including the cost of      visitation travel;
3. Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the 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;
4. Debts of either party arising during the marriage for the benefit of the child;
5. Direct payments ordered by the court for maintaining life insurance coverage, education expenses, or other court-ordered direct payments for the benefit of the child;
6. Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
7. Any special needs of a child resulting from any physical, emotional, or medical condition;
8. Independent financial resources of the child or children;
9. Standard of living for the child or children established during the marriage;
10. Earning capacity, obligations, financial resources, and special needs of each parent;
11. Provisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;
12. Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;
13. A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
14. Such other factors as are necessary to consider the equities for the parents and children.

Child support, like child custody or visitation, is modifiable upon a material change in circumstances.

Contact Dave

If you need the assistance of a Fairfax divorce attorney or Fairfax child support attorney, send an email to David J. Marquardt at dmarquardt@dufflawfirm.com; or call (703) 591-7475 for an appointment.

1. The age, physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;
2. The age and physical and mental condition of each parent;
3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, and the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;
5. The role that each parent has played, and will play in the future, in the upbringing and care of the child;
6. The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
9. Any history of family abuse as that term is defined in Virginia Code § 16.1-228 or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and
10. Such other factors as the court deems necessary and proper to the determination.

Often times, parents resolve custody cases before trial. But, in the event a trial is needed, it is important to utilize these factors in such a way as to present the best “snapshot” on which a custody determination should be based. A good Fairfax divorce lawyer will prepare to present such a snapshot throughout the Virginia custody case.

A legal separation in Virginia does not require a written agreement or decree stating that the parties are separated. If the two spouses are considered living separate and apart (whether in separate households or under the same roof), then they are legally separated.

Divorce, on the other hand, requires a written judgment of divorce as decreed by a Virginia court. There are also various grounds for divorce in Virginia, including adultery, desertion, cruelty, and separation for the statutory period, among others. A Fairfax divorce lawyer who regularly appears in all Northern Virginia jurisdictions should be able to assist a divorcing spouse in explaining the law as it pertains to the facts of that person’s particular situation.