Child support guidelines vary from state to state; in Virginia, they are outlined in Virginia Code §20-108.2. Virginia law requires both parents to support their child financially, regardless of whether they are married, separated, or divorced. The court might make additional provisions if the parents are not living together to ensure that any children involved are taken care of. Child support orders in Virginia are generally based on the income of both parents, the needs of the child, and other factors that the court deems relevant. 

If you are considering a separation or divorce in Williamsburg, Virginia, it is important to work with a child custody attorney that can help you understand how child support payments are calculated and what your financial responsibilities are. 

Child Support in Virginia

Virginia laws ensure parents meet their legal responsibility to pay for their children's well-being. The court will use a specialized formula to calculate the child support you or the other parent will pay. However, the court's procedure will depend on your existing custody arrangement with your ex-spouse. There are various child custody plans:

• Sole custody: This is where only one parent has custody of a child for the majority of the year.
• Shared custody or joint custody: A child's physical rights are shared equally by both parents, and the child stays with each parent for at least 90 days a year.
• Split custody: This is where siblings separate or split to separate parents for the majority of the year.

Calculating Child Support Amounts

Under the Virginia statute, child support is calculated based on the total income of both parents. Therefore, the amount of child support you or your spouse will pay in Virginia is calculated using the gross income of both parents. 

The gross income is the calculated income for both parents. A parent's gross income can be altered for things like spousal support, certain government benefits, or the support of other siblings.

Generally, gross income features different types of income: 

• Salaries and wages
• Pensions
• Spousal support
• Bonuses
• Royalties
• Insurance or social security benefits
• Investment interest, dividends, and capital gains

The Department of Social Services is also mandated to establish child support amounts using the same criteria used by courts. Therefore, the Virginia courts and the Department of Social Services follow a state table to calculate the amount of child support, depending on the monthly family income.

However, if the combined family income exceeds $35,000 per month, it is excluded from the table. Then, child support is calculated based on the highest amount, including an additional percentage. Some additional costs may be considered, like childcare expenses and health insurance.

Get Help from a Williamsburg, Virginia Child Support Lawyer

Child support cases in Virginia can be complicated and require an experienced attorney's knowledge. Call Pedersen Law at (757) 903-4410 for assistance or schedule a consultation through our website.