Every family situation going into a divorce is different. Understanding the basics of child support and spousal support in Northern Virginia is important so that you can prepare yourself financially.
Below are some of the basic things you need to know about how these two sensitive matters are handled in the state of Virginia.
Spousal Support in Northern Virginia
In a situation where one former spouse is less financially independent than the other, the court will look at factors such as age, assets, and earning potential to determine if spousal support is financially necessary.
In Virginia, either party may be eligible for spousal support based on their financial position relative to the other party. There is no gender bias for spousal support in Virginia.
Periodic payments may be awarded for a set amount of time, or a lump sum may be declared the best option, depending on the details of the situation.
The Court is required to assess certain factors when determining whether spousal support is appropriate. Those factors include, among others:
- The obligations, needs, and financial resources of each party
- The standard of living established during the marriage
- The duration of the marriage
- The age and physical and mental condition of the parties
- Whether it is appropriate for the party seeking support to seek employment
- Contributions, monetary and nonmonetary, of each party to the well-being of the family
- Property interests of the party
- Earning capacity and present employment opportunities of the party seeking support
- The opportunity for additional education and training of the party seeking support
- Extent to which the parties contributed to the attainment of education and career of the other
- Other factors as necessary for the Court to consider
Does Adultery Impact Spousal Support in Virginia?
Adultery is no longer a deal-breaker from one party receiving spousal support and the court can award support to the person who committed adultery if the economic impact of divorce has been determined to be detrimental to that party.
Child Support in Northern Virginia
In a case where there is a vast difference between two parties’ incomes, child support may be owed between the two parents.
Child support is awarded in order to lessen the monetary impact that divorce often has on one party over another. The overall goal is always that both parents contribute to the financial support of the child.
The amount of child support owed may change over time due to changes in circumstance. The state of Virginia has a calculator that is used to determine the amount of child support owed between two parties.
How Is Child Support Calculated in Virginia?
In Virginia, parents have a duty to support their child until the child emancipates, unless otherwise ordered by the Court. Child support is based on guidelines that the Courts have set to ensure that each child receives proper support from each parent. The guidelines include:
- The respective gross incomes of each party
- The number of days each parent has custody or parenting time with the child
- The cost of health insurance and/or work-related daycare expenses paid by a party for the benefit of a child
In some instances, the Court will deviate from the guidelines to better address the specific needs of a child.
Learn More About Child Support and Spousal Support in Northern Virginia
At Patterson Bookwalter Law Firm we are here to guide you through the child support and spousal support process every step of the way.
We have experience with child and spousal support in Fairfax County, Loudoun County, Arlington County, City of Alexandria and Prince William County from our office in Fairfax, VA.
To learn more about how child support or spousal support could apply to your situation, fill out our contact form or call us today at (703) 520-9533 to learn how we can help you and your family during this sensitive time.