Afsana Chowdhury | November 7, 2024 | Child Support
Virginia Family Courts use standard child support guidelines and a standard formula to calculate child support for parents.
Parents complete a Child Support Guidelines Worksheet, which provides their financial information. The formula for calculating child support includes income from all sources, daycare expenses, health insurance for the child, and spousal support.
Can the Courts Deviate From the Child Support Guidelines in Virginia?
Virginia law states there is a rebuttable presumption that the child support calculated by the guidelines is the correct amount of support for the case. “Rebuttable” means you can challenge the amount of child support stated in the guidelines. The court can deviate from the child support guidelines if the judge finds it is in the child’s best interest.
Factors a judge may consider when deciding whether to deviate from the child support guidelines include:
- The child custody arrangements for the children, including the expense of travel back and forth for visitation
- Support paid to other family members
- The cost a parent pays for childcare
- Imputed income for a parent who is voluntarily underemployed or unemployed
- Any expenses for a child’s special needs
- Court-ordered education, life insurance, and other expenses for a child
- A child’s standard of living during the marriage
- Significant capital gains either parent may receive, such as selling the marital home
- Property division settlements that include property that earns or produces income
- A child’s independent financial resources
- A written agreement between the parents regarding child support obligations
- The earning capacity, special needs, and debts of both parents
- Tax consequences for both parents
Judges may consider other relevant factors that help them determine what is fair and just for child support payments. If a judge finds deviating from the child support guidelines is appropriate, they will determine how much to adjust the support payments. The deviation must be in the child’s best interest and meet one of the legal reasons for deviating from the guidelines.
How Can I Improve My Chances of Obtaining a Deviation From the Virginia Child Support Guidelines?
You can challenge the child support guidelines in court. Deviations are complex and require clear evidence proving that a deviation is justified. The best way to improve your chance of a successful challenge to the amount of child support is to hire an experienced Fairfax child support lawyer.
What Happens if I Need to Change the Amount of Child Support in Virginia?
Depending on your child’s age, you may have been paying or receiving child support for more than a decade. Child support usually ends when a child turns 18 or until 19 or high school graduation, whichever comes first. However, there are exceptions, such as a child with special needs or disabilities who cannot support themselves.
Because child support may continue for years, it may be necessary to modify child support. The law allows parents to petition the court to modify child support. However, you must prove a material change in circumstances that justifies a child support modification.
The change in circumstances must be significant and long-lasting. Temporary changes in income would likely be insufficient to modify child support. Examples of changes that may warrant a modification in child support include:
- Involuntary unemployment, provided you have made a good faith effort to find new employment
- Changes in income of at least 25% or more, such as a promotion with a pay increase or a permanent reduction in hours
- Substantial increase in the cost of childcare
- Disability or medical issues, such as a parent becoming disabled
- A change in a child’s status, such as becoming emancipated before turning 18 years old
- The parent paying child support has an addition of children they must support because of a paternity suit, divorce, or remarriage
It is important to remember that child support modifications are not retroactive. Therefore, if you have a change in circumstances, seek legal advice immediately.
Contact The Child Support Law Firm of Law Office of Afsana Chowdhury, PLC in Fairfax, VA.
For more information, please contact an experienced Child Support lawyer at Law Office of Afsana Chowdhury, PLC to schedule an initial consultation today. Our law office is located in Fairfax, VA.
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