Child support in Virginia is based strictly on a mathematical calculation. This calculation results from several inputs from which a child support award is tabulated. Based on those inputs, the guideline tables produce what is called the “presumptive child support award.” The inputs for the court to consider are: (1) the number of children for whom support is sought, (2) the gross monthly income of each party, (3) any work-related daycare expense incurred by the parties, and (4) the health, vision, and dental insurance premium paid by one parent for the children.
The court must also determine which child support guideline to use. Typically this done by determining if the child is with the non-custodial parent more than ninety days during the year. If so, the court may use a shared custody guideline which results in a lower child support figure. If not, then the court will use a primary custody guideline resulting typically in a higher child support award.
Because this sounds so extremely straightforward logic would seem to dictate that individuals with child support issues would not need legal representation. However, this is far from the case. In actuality, there are countless ways for trained attorneys to apply the law to each factor listed above in order to obtain a positive result on behalf of their clients. For example, if a person is voluntarily unemployed or is fired for cause, their income is not necessarily zero. Also, if a person’s daycare is not “work-related” it does not reduce or increase the child support amount. Additionally, certain income such as public benefits, social security disability, child support received for another child, or overtime received if earned to pay a support arrearage, does not count as income on the child support guideline calculation. In addition to those listed above, there are countless other circumstances that can alter the child support calculation.
The difference between failure and achieving the best possible outcome in your child support case depends on the skill level of the attorney that represents you. The attorneys at Bush & Taylor have handled countless child support cases. We know the law and the nuances that are needed to make sure that your child support case is handled correctly. Contact us today to discuss your case.
See what the Virginia Code says about child support: