Child Support Laws In Virginia
In Virginia, both parents are responsible for their own child’s support.
Whether married to one another or not, both are obligated to support their children. In fact child support payments are based on the combined incomes of both parents. This gives the child (or more than one child) the benefit of what the parents could have provided in a single household. Thereupon this is very vital for the youngster’s financial rights, acknowledging the lack of support that can sometimes have a very strong impact on the child’s future after their parents split. The state holds each parent responsible for covering a certain percentage of the whole child support amount, which must include educational, health and dental care for the child.
Despite keeping in mind that both parents are required to contribute for the financial support of the child, this yet doesn’t mean it is necessary for both parents having to swap checks every month. Only the custodial parent, defined as the one whom the child lives with most of the time, may request child support. The law supposes that the custodial parent already takes lead of many of the costs involved in taking care of the child. Hence, the noncustodial parent makes the support payments.
As a matter of fact, it is not always necessary for a court to make a child support order.
In Virginia, the department of social services could issue a child support order based on guidelines similar to the ones courts use. In addition, you shouldn’t have to file an application for child support in the case of currently receiving Temporary Assistance for Needy Families (TANF).
In that occurrence, Virginia’s Division of Child Support Enforcement (DCSE) usually applies for you.
This includes wages, salaries, commissions as well as dividends, bonuses, severance pay, and pensions. It is also certain that even an unemployed parent owns a plenty of income.
For the sake of child support aims, benefits for veterans or payments that come from social security, workers’, disability, compensation and unemployment insurance, count as income.
Above all, income is what a parent receives for spousal maintenance and rental gains, as well as other things.
Also, prizes like lottery winnings or awards add towards what a parent could use to support, or help out their child when needed.
Public assistance and federal supplemental security income never count for child sustenance. Furthermore, you can exclude any child support already obtained to support another child. For instance, if you have an infant with a different parent, that money, whether you pay it or receive it, is not counted.
However, if you pay spousal support, then you can deduct that money as well. Moreover, if you remarry, you can definitely leave out your new spouse’s income too.
Challenging the guidelines
A rebuttable presumption that the amount of support provided by the guidelines is always there, regardless of the custody arrangement, is the correct amount. Thus far, either parent can question that amount, if it would be undeserved to a parent or the child. But yet the only court can have acceptance on child support, different from the guidelines.
A court will always consider the factors such as personal child needs, the consequences of tax, any signed agreements, other family member’s support, debts incurred for the child’s benefit, education expenses, life insurance, the child’s own standard of living during the marriage and any other factors concerning fairness.