Financial Support for Children and Former Spouses
One of the basic principles of Virginia's divorce laws is that a parent's financial responsibility for a child does not end just because the parents decide to divorce. Some amount of monthly child support is almost always included in a Virginia divorce decree.
On the other hand, awards of financial support for a former spouse depend upon the unique circumstances of the parties.
When disputes arise about child support or alimony amounts, these conflicts are not only about finances, but also about the personal circumstances of the child or former spouse. The experienced family law attorneys at the Fairfax, Virginia, Nova Family Law Group are frequently called upon to represent spouses in divorce cases where child support or alimony is expected to be an area of conflict. With decades of legal experience to offer, our lawyers are well-equipped to provide smart and protective legal advocacy.
Child Support Calculations and Disputes
As in most states, child support amounts in Virginia are presumptively determined according to guideline child support tables adopted by the Virginia legislature. The child support guidelines consider such things as the parent's income and daycare expenses.
Disputes about child support tend to arise in the following circumstances:
- One parent disputes the other's parent's reported income as too low
- One parent charges that the other parent is voluntarily unemployed or underemployed
- A child has special medical needs that the child support calculator does not account for
- A parent has irregular income sources, such as bonuses, a cash-based business, self-employment or deferred compensation such as restricted stock grants or stock options
- After the divorce decree, a parent's financial circumstances change significantly and a modification of the child support amount is sought
Through rigorous financial analysis and the use of forensic accountants when called for, our family law attorneys take every necessary step to make sure monthly child support payments are fair for our client and adequate for the children.
Determining Spousal Support in Virginia
Unlike with child support, spousal support, or alimony, is not awarded according to specific statutory guidelines. Instead, spousal support is generally determined based upon need and ability to pay. Other factors considered include adultery (which can be a bar to receiving spousal support), the length of marriage, the standard of living established during the marriage, age of the parties, earning capacity of the parties, education of the parties, decisions regarding career and parenting arrangements. There are several non-binding spousal support guidelines that used to assist court with determining an appropriate amount of temporary spousal support. These guidelines are by no means dispositive but can serve as a useful tool in evaluating spousal support.
Based upon our attorneys' experience, spousal support is an area of family law that is more likely to be litigated than other areas such as property division. This is mainly do to the fact that Virginia statute provides little guidance and grants judges a great deal of discretion in establishing the amount and duration of spousal support. Our lawyers have experience litigating spousal support cases when necessary in before judges in Fairfax and Northern Virginia. Also, our attorneys have experience in going after and proving adultery, which can be a bar to spousal support.
Contact Nova Family Law Group
To schedule an appointment with one of our family law attorneys, call 703-763-0980 or 866-639-8801 or send an e-mail. We offer all potential new clients a confidential 30-minute complimentary consultation.
