Child Support

     Child support in Virginia is calculated in accordance with statutory guidelines found in the Virginia Code.  When calculating support, the gross income of both parties, as well as reasonable day care expenses, and health and dental care coverage costs are considered.

     There are many variables potentially at issue in the calculation of child support, and each case is unique.  The calculations involved can be complex and detailed, so it is important that you seek and retain an attorney of your choice to represent you in this very critical area.  Regardless of the type of divorce you seek, or upon which grounds, child custody and support issues can be heard by the Juvenile and Domestic relations Court in very timely fashion.  These issues can also be decided in the Circuit Court, although usually not as quickly as can be decided in the Juvenile and Domestic Relations Court.

Spousal Support

     In Virginia, the duty or legal obligation to support one's spouse is created by statute, and that duty is extended to cover both spouses.  Unlike in the past when it was only the husband that had a legal duty to support his wife, both spouses now share that potential obligation, within the limits of his or her financial ability.  Who will provide support to the other, though, will be determined by the requesting party's demonstrated need for support and the ability of the other spouse to pay that support.

Duration of Support

Child Support:  A support obligation for a child continues until the child reaches the age of majority (18).  Support may continue over the age of 18 if the child is a full-time high school student, is not self-supporting, and is living in the home of the party seeking or receiving child support.  Under those circumstances, support may continue until the child reaches the age of 19 or graduates from high school, whichever occurs first.  It is also possible that support may continue in cases involving a child over the age of 18 who is severely and permanently mentally or physically disabled, who is unable to live independently and support him- or herself, and who resides in the home of the parent seeking or receiving the child support.  Child support may also be paid beyond the statutory events normally terminating support when such an extension is mutually agreed to by and between the parties through a stipulation or agreement, normally included in an executed marital settlement agreement, which is confirmed by the Court, and which will allow for its enforcement in the future if necessary through the enforcement of contract.

Spousal Support:  The Court by statute has three options available relative to deciding the duration of spousal support.  The support can be for (1) a defined duration; (2) an undefined duration; or (3) paid in a lump sum.  The Court also has the discretion to award a combination of these three options, such as a lump sum payment coupled with support payments for a defined duration.

Notice of Disclaimer:  The content herein is meant only to provide a brief introduction and limited overview of the law concerning divorce in Virginia, and it may or may not reflect the most current legal developments.  The information contained herein is not meant to provide legal advice or counsel and it should not be used as such, nor is it intended to create an attorney-client relationship with the reader.  The circumstances involved in your case are unique and may involve many complex and intricate legal issues.  You are advised to seek consultation with an attorney of your choice for a complete assessment of your particular situation.