How is Child Support Calculated in Virginia
Child support is a legal obligation paid by the non-custodial parent to help cover the financial needs of their children. In Virginia, child support calculations are guided by the Code of Virginia (§ 20-108.2) and determined based on a set of specific factors, including both parents’ incomes and custody arrangement. This article will discuss how child support is calculated in Virginia, breaking down the essential elements one needs to consider.
1. Determining Gross Incomes
The first step in calculating child support involves determining both parents’ gross incomes. Gross income includes wages or salaries, investment income, social security benefits, workers’ compensation, unemployment benefits, rental income, and any other sources of earnings. One-time or irregular income may also be included if it is deemed relevant for calculating support.
2. Child Support Guidelines
Virginia uses child support guidelines to calculate the appropriate amount based on both parents’ combined gross incomes. These guidelines take into account family size and monthly expenses related to raising a child, such as healthcare, education, and childcare costs. A basic child support obligation table widely available online provides the recommended amount according to the parents’ combined gross incomes and the number of children they have.
3. Custody Arrangement
The custody arrangement significantly affects child support calculations in Virginia. There are two types of custody: sole custody and shared custody.
a) Sole Custody: In this case, one parent has primary custody, while the other parent gets visitation rights. The non-custodial parent will typically assume most of the financial responsibility by paying child support.
b) Shared Custody: Here, both parents share significant amounts of time with their children (each having more than 90 days per year). Child support calculations for shared custody scenarios consider the time each parent spends with the children along with their respective incomes.
4. Adjustments
Certain adjustments may be applied to the child support calculations. Some of these include additional expenses such as work-related childcare costs, health insurance premiums for the child, and any extraordinary medical or educational expenses not covered by insurance.
5. Deviations
In some cases, deviations from the standard guidelines may be necessary to accommodate each family’s unique situation. The court will review any potential deviations if they believe that following the guidelines would be unjust or inappropriate. Examples include parents with a disabled child who might require additional financial support or situations where one parent’s living expenses are extraordinarily high, impacting their ability to pay support.
6. Reviewing and Modifying Child Support
Child support orders in Virginia can be re-evaluated every few years or when there is a significant change in circumstances. Parents may request a modification if they experience substantial income changes, loss of jobs, medical emergencies, or changes in childcare needs.
In conclusion, child support calculations in Virginia are determined by considering both parents’ incomes, custody arrangement, and specific adjustments and possible deviations. It is essential to understand how these factors play into individual situations and seek legal advice if needed. By doing so, parents can ensure they provide their children with appropriate financial support required for their well-being and growth.