What is Virginia law on child support?
Under the Code of Virginia (VA Code 20-61), paying child support is a legal obligation. In Virginia, the general rule is that there is never a situation where a parent is not liable for some sort of child support. In the most cases, the parent who is not the primary custodian, will be the one paying support.
How is child support determined in Virginia?
Virginia bases its child support guidelines on the total income of the two parents. If the combined family income is $35,000 or greater per month, it falls outside the table and support is based on a percentage of income from 2.6% for one child to 5% for six children.
Is new spouse income considered for child support in Virginia?
A New Spouse May Be Relevant to Child Support A Virginia court case provides the reason for this. In its decision, the court held that remarriage could change a parent’s ability to provide child support. In effect, this leaves you with more income to apply to supporting your children.
At what age can a child refuse to see a parent in Virginia?
When Can a Child Refuse Visitation in Virginia? Although the law requires judges to consider a mature child’s preference in custody proceedings, the child can’t refuse visitation with either parent until the child turns 18 (the age of majority).
Can child support arrears be forgiven in Virginia?
Under Virginia law, child support arrears, or money that is owed and should have been paid earlier, cannot be waived. The court also cannot modify or lessen the arrears that a parent accrued.
What age does child support end in VA?
Generally, child support terminates at the age of 18 unless the child is a full-time high school student who is still living at home and not self-supporting. If this is the case, then child support will continue until the child turns 19 or graduates from high school, whichever occurs first.
What factors determine child support amount?
How is Child Support Determined?
- Parent’s gross income.
- Amount of time the child spends with each parent.
- Cost of child care.
- Any available tax deductions, such as mortgage interest.
- Each parent’s mandatory dues, such as pension or health insurance.
Can my ex wife go after my new spouse’s income?
If you have a joint bank account with your new partner, your ex may be able to claim funds from it to cover your missed payments. Generally, if you keep your income and assets separate from your new partner, they are safe from your spousal support payments and legal obligations.
Can I go after my ex husband’s new wife for child support in Virginia?
In almost all circumstances, either party’s remarriage will not affect child support. While Virginia Code Section 20-108.1 does allow a parent the opportunity to rebut the presumption of child support, a stepparent’s income typically does not raise up to the level that courts will allow a deviation from the guidelines.
Do you have to pay child support if you have joint custody in Virginia?
The common preference in family law courts in Virginia is to maintain joint custody of a child during and after a divorce. The answer is yes, even in cases of 50/50 custody one parent will pay the other parent child support.