Child Support and Spousal Support Arrangements in Virginia
Our attorneys at Aloupas Law P.L.L.C. in Virginia are dedicated divorce attorneys with years of experience dealing with the sensitive issues that come with a divorce. We know that sometimes when a long marriage comes to an end that one of the spouses might have been earning a lot more than the other, leaving one of them poorer after the divorce. We help our clients come to an arrangement that benefits everyone.
At Aloupas Law We Don’t Just Diligently Represent You in Court We Are Your Fiercest Advocate!
If you are unable to reach an appropriate amount of spousal support we will help you through the Virginia courts. We first have to determine who is eligible to receive spousal support. Often, courts will not award this type of support to a partner who has committed adultery. However there is no hard and fast ruling on this matter. The factors that are used to determine a suitable amount include the financial needs and incomes of the two parties, how long the marriage has lasted and the standard of living that existed during the period of the marriage. There are other factors that come into play, including decisions the partners had made regarding careers, education and time off work for childcare.
As there is no fixed formula to work from in Virginia, many courts use the Fairfax or Harrisonburg formulae. These are mainly designed for those on a lower income, up to $10,000 a month.
First of all, let’s look at the Fairfax formula when there are dependent children belonging to the two parties to the divorce. The calculation is based on taking 28 percent of the gross income of the higher income earner and taking away from that 58 percent of the gross income of the other spouse. The result is the amount payable in spousal support amount per month. If there are no dependent children the amounts are 30 percent and 50 percent respectively.
We at Aloupas Law ensure you pay the right amount of tax and no more.
Both Parents Must Take Responsibility for Child Support in Virginia
In Virginia, both parents, whether they are married to each other or not, must provide support for their children. When it comes to calculating child support payments the court will take the income of both parents into consideration. But when it comes to actual payments it is only the parent who does not have full custody rights who has to pay. When the amount payable is calculated it must cover the costs of the child’s health and dental requirements. If the child is cared for during the day in a childcare center, this amount can be covered in the child support arrangement.
What is Used to Calculate Child Support?
As well as salaries, income comes in other forms, such as a veteran’s benefit and workers compensation. Even a lottery win could be included in the calculation for child support.
We Ensure That the Child Support Agreed is in the Best Interests of the Child
In Virginia, instead of the court deciding on the amount of child support, the social services department has the power to determine the amount, following the same calculation used by the court. The Division of Child Support Enforcement (DCSE) in Virginia takes over the role of determining child support if you are receiving Temporary Assistance for Needy Families (TANF).
Once one of our attorneys at the Aloupas Law P.L.L.C. has helped you get the right child support, if you need to get it changed we are there to assist you. Sometimes things like child care costs go up or your child needs medical or dental treatment which costs more than the child support payment can possibly cover. If your arrangement for child custody is shared but the other parent fails to match his or her required commitments you should be able to get changes made to the amount of child support.
We at Aloupas Law P.L.L.C. have built up an enviable reputation for our tact and determination to meet the needs of our clients when it comes to both spousal and child support.