When a party has a child or children who are not the subject of the proceeding in their household or primary physical custody, subtract the amount as shown on the schedule of Monthly Basic Child Support Obligations that represents that party's support obligation for that child or children based solely on the party's income as the total income available.
If these provisions are inapplicable, leave the appropriate field s blank. There is only a presumption that these amounts will be deducted from gross income. Include one-half of any self-employment tax paid, if applicable.
If none, leave field s blank. As applicable, the figures in lines 2, 3 and 4 are added to, or subtracted from line 1. To determine the cost to be added to the basic child support obligation, the cost per person shall be applied to the child or children who are subject of the child support order.
If the per child cost is provided by the insurer, that is the cost per person. Otherwise, to determine the cost per person, the cost of individual coverage for the policy holder shall be subtracted from the total cost of the coverage, and the remaining amount shall be divided by the number of remaining covered persons.
This item should also include the cost of any vision care coverage and any dental care coverage for the child or children paid by a parent, or that parent's spouse. If applicable, allocate ratably between employment-related child care and other child care based on custodian's activities while child care is being provided.
This is the amount the non-primary custodial parent, or in shared cases, the higher wage earner, will pay the co-parent. This is the percentage you shall split unreimbursed medical expenses for the child, and if privately agreed upon, the amount you will respectively split mutually agreed upon activity costs. This is the total amount of one another's income that is earmarked by the state as likely needed for the support of the children at-issue. If amounts paid to or for the child who is the subject of the order and derived by the child from the parent's entitlement to disability insurance benefits have been included in a parent's gross income, that amount should be subtracted from that parent's child support obligation.
Remember, pay close attention to the pay stub--voluntary retirement matching contributions or withholdings for elective benefits such as life insurance count as income. So be sure to use a pre-tax income figure, and count elective, voluntary contributions listed on the pay stub. Cash based income can be hard to determine, so perhaps draw from evidence of deposits. Finally, contributions from family members to pay for housing, food, and expenses, count as income for purposes of calculating child support.
Earnings from a new spouse do not count as income for calculating child support. If applicable, describe adjustment to child support for factors not addressed in guidelines calculation, then show amount to be added to or subtracted from each party-parent's child support obligation use plus and minus signs appropriately.
If additional items are entered in lines 12 a-c , add and subtract such items from line 10 and enter the totals on this line. In cases involving split custody, the amount of child support to be calculated using these guidelines shall be the difference between the amounts owed by each parent as a noncustodial parent, computed in accordance with these guidelines, with the noncustodial parent owing the larger amount paying the difference to the other parent.
For the purpose of applying these provisions, split custody shall be limited to those situations where each parent has physical custody of a child or children born of the parents, born of either parent and adopted by the other parent or adopted by both parents. B and, if so, the amount of spousal support applying the factors spelled out in Section It is NOT intended to calculate the amount of spousal support that might be paid on an ongoing basis after a final divorce.
This is the pendente lite statute that talks about this calculation. If a court is going to award spousal support, this statute includes the factors the court will use to determine what the amount of support will be.
Virginia Child Support Calculator. Home Virginia Child Support Calculator. Support - Mobile Users The forms on our website are hard to manage on smaller devices. Please consider using our mobile app. XX , and helps us offset our costs. This is the X reminder. Back To Online Calculator. Please Help Us Help You! Why use the Unified Form even if you're doing a traditional i.
Here are some unique features of this form. Others are hidden until needed. Much less clutter! Under those circumstances, support will continue until the child reaches the age of 19 or graduates from high school, whichever occurs first. The court may also order that support be paid or continue for any child over the age of 18 who meets the following requirements:. It's also possible for the parent to file a motion legal paperwork in Family Court to compel compliance and seek remedies, such as contempt of court.
For more information on enforcement of support orders, take a look at the article Child Support Enforcement in Virginia. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Child Custody Child Support. Alimony Divorce and Property. Market Your Law Firm. Lawyer Directory. Call us at 1 Child Support Laws in Virginia. Find out how to calculate child support in Virginia and how a support award can be modified or terminated. Both Parents are Responsible for Child Support in Virginia In Virginia, both parents—whether married to one another or not—are obligated to support their children.
What Constitutes Income for Child Support? Paying a Fair Share As soon as you have an estimate of what your child support will be, that doesn't mean that one parent must pay the whole amount. Deviating From the Virginia Guidelines There's a rebuttable presumption that the amount of support provided by the guidelines is correct.
For a court to order a different amount from the guidelines either higher or lower , it will have to consider the following factors: support for other family members custody arrangements of the children, including the cost of visitation imputed income to a parent who is voluntarily unemployed or under-employed debts incurred for the child's benefit life insurance, education expenses, or other court-ordered payments extraordinary capital gains such as from the sale of the marital home any special needs of a child resulting from any physical, emotional, or medical condition a child's independent financial resources the child's standard of living during the marriage the parents' earning capacity, debts, financial resources, and special needs the earning potential of marital property tax consequences any written agreement about child support, and any other factors concerning fairness.
Imputed Income for Child Support Unfortunately, some parents attempt to shirk their responsibility for child support by voluntarily decreasing their income. How Is Child Support Paid? In those situations, the state offers a number of payment options: online, by using the MyChildSupport portal on the Virginia Department of Social Services website at kiosks located in the lobbies of the child support offices and selected courts using the Touchpay Payment Portal IVR Interactive Voice Response System for credit or debit cards, or by mail to the office of the Treasurer of Virginia.
Modification of a Child Support Order You have the right to request a review of your support order every three years, as a matter of course. The order stays in effect as to any other children it applies to. Termination of Child Support Under Virginia law, the child support obligation ends when a child reaches 18 years of age.
But a support order must also provide that support will continue for a child over the age of 18 who is: a full-time high school student not self-supporting, and living in the home of the parent seeking or receiving child support. The court may also order that support be paid or continue for any child over the age of 18 who meets the following requirements: the child is severely and permanently mentally or physically disabled, and such disability existed prior to the child reaching the age of 18 or the age of 19, as per the previous paragraph the child is unable to live independently and support himself, and the child resides in the home of the parent seeking or receiving child support.
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