Child Support

Child support is primarily governed by statute in Virginia.   There is a rebuttable presumption that the statutory guideline amount is appropriate in all cases.  Once a court has determined the statutory guideline amount then arguments in favor of increasing or lowering that amount may then be presented.  Virginia Code § 20-108.2 sets forth the general guidelines for determination of child support as well as the tables for calculating the presumptive amount of support based on the parties’ gross income and the number of children for whom support is sought.

There are  a number of other factors that affect the child support guideline amount.  One of the most important is the the custody and visitation arrangement, which determines whether the “sole custody” guidelines or “shared custody” guidelines are applied.  “Shared custody” guidelines are usually significantly lower than “sole custody” guidelines.  Generally, “shared custody” guidelines are used whenever each parent has at least ninety (90) days of custody or visitation each year with the child or children.  Other factors affecting child support calculations include childcare costs, insurance costs, household composition, and alternative income sources to name a few.

Once entered, a child support order is enforceable through the court’s contempt powers.  The order usually remains in effect until modified or expiration.  In order to modify a child support order, the party seeking modification must show that there has been a change in circumstances justifying the requested modification.

Generally, Virginia courts have held that a change in either party’s income is sufficient to justify child support modification.  However, if a party seeking a reduction in support has experienced a reduction in their income the reduction must not be due to their own voluntary act.  For instance, a party cannot quit a high paying job and take a lower paying job and expect for the court to reduce the amount of child support they owe.  In some cases the issue is whether or not a party has reduced income due to circumstances beyond their control, such as job layoffs, or the reduction in income was due to their being fired for stealing from their employer or termination due to workplace violations.  In the case of a layoff the court is likely to grant a reduction so long as the party shows a good faith effort to obtain new employment whereas in the case of termination for cause the court is unlikely to have any sympathy for the party who has lost a job due to their own bad acts.

It should also be noted that when there has been an award of child support based on the shared custody formula and one parent consistently fails to exercise custody or visitation in accordance with the parent’s custody share upon which the award was based, there is a rebuttable presumption that the support award should be modified.

Whether you are facing an initial determination of child support or seeking to have a child support order increased or reduced, it is important to obtain legal representation from an attorney who understands all of the statutory factors as well as the case law that will affect the court’s decision.

Our firm offers the experienced and knowledgeable representation you need to ensure that any child support case is decided justly after consideration of all the facts.

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