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If you need help with a child/spousal support case in Fairfax Virginia, our firm can help you.

Virginia Code 20-108.1 provides the factors the court considers when awarding child/spousal support in Fairfax Virginia.

If you are seeking an experienced attorney to help you with a child/spousal support case case in Virginia, call us for help.

§ 20-108.1. Determination of child or spousal support.

  • A. In any proceeding on the issue of determining spousal support, the court shall consider all evidence presented relevant to any issues joined in that

    proceeding. The court’s decision shall be rendered based upon the evidence relevant to each individual case.

  • B. In any proceeding on the issue of determining child support under this title or Title 16.1 or Title 63.2, the court shall consider all evidence

    presented relevant to any issues joined in that proceeding. The court’s decision in any such proceeding shall be rendered upon the evidence relevant to each individual

    case. However, there shall be a rebuttable presumption in any judicial or administrative proceeding for child support, including cases involving split custody or

    shared custody, that the amount of the award which would result from the application of the guidelines set out in § 20-108.2 is the correct amount of child support to

    be awarded. Liability for support shall be determined retroactively for the period measured from the date that the proceeding was commenced by the filing of an action

    with any court provided the complainant exercised due diligence in the service of the respondent or, if earlier, the date an order of the Department of Social Services

    entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service on the obligor.

In order to rebut the presumption, the court shall make written findings in the order, which findings may be

incorporated by reference, that the application of such guidelines would be unjust or inappropriate in a particular case. The finding that rebuts the guidelines shall

state the amount of support that would have been required under the guidelines, shall give a justification of why the order varies from the guidelines, and shall be

determined by relevant evidence pertaining to the following factors affecting the obligation, the ability of each party to provide child support, and the best

interests of the child:

    1. Actual monetary support for other family members or former family members;
    2. Arrangements regarding custody of the children, including the cost of visitation travel;
    3. Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the custodial parent when

      a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that

      any consideration of imputed income based on a change in a party’s employment shall be evaluated with consideration of the good faith and reasonableness of employment

      decisions made by the party;

    4. Debts of either party arising during the marriage for the benefit of the child;
    5. Direct payments ordered by the court for maintaining life insurance coverage pursuant to subsection D, education expenses, or other court-ordered direct

      payments for the benefit of the child;

    6. Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
    7. Any special needs of a child resulting from any physical, emotional, or medical condition;
    8. Independent financial resources of the child or children;
    9. Standard of living for the child or children established during the marriage;
    10. Earning capacity, obligations, financial resources, and special needs of each parent;
    11. Provisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;
    12. Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;
    13. A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
    14. Such other factors as are necessary to consider the equities for the parents and children.
  • In any proceeding under this title or Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have

    the authority to order either party or both parties to provide health care coverage or cash medical support, as defined in §63.2-1900, or both, for dependent children

    if reasonable under all the circumstances and health care coverage for a spouse or former spouse.

  • In any proceeding under this title, Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have

    the authority to order a party to (i) maintain any existing life insurance policy on the life of either party provided the party so ordered has the right to designate

    a beneficiary and (ii) designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party so ordered

    has a statutory obligation to pay child support for the child or children.

  • Except when the parties have otherwise agreed, in any proceeding under this title, Title 16.1 or Title 63.2 on the issue of

    determining child support, the court shall have the authority to and may, in its discretion, order one party to execute all appropriate tax forms or waivers to grant

    to the other party the right to take the income tax dependency exemption for any tax year or future years, for any child or children of the parties for federal and

    state income tax purposes.

  • Notwithstanding any other provision of law, any amendments to this section shall not be retroactive to a date before the

    effective date of the amendment, and shall not be the basis for a material change in circumstances upon which a modification of child support may be based.

  • Child support payments, whether current or arrears, received by a parent for the benefit of and owed to a child in the

    parent’s custody, whether the payments were ordered under this title, Title 16.1, or Title 63.2, shall not be subject to garnishment. A depository wherein child

    support payments have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of deposits which are subject to

    garnishment.

  • In any proceeding on the issue of determining child or spousal support or an action for separate maintenance under this title,

    Title 16.1, or Title 63.2, when the earning capacity, voluntary unemployment, or voluntary under-employment of a party is in controversy, the court in which the action

    is pending, upon the motion of any party and for good cause shown, may order a party to submit to a vocational evaluation by a vocational expert employed by the moving

    party, including, but not limited to, any interviews and testing as requested by the expert. The order may permit the attendance of the vocational expert at the

    deposition of the person to be evaluated. The order shall specify the name and address of the expert, the scope of the evaluation, and shall fix the time for filing

    the report with the court and furnishing copies to the parties. The court may award costs or fees for the evaluation and the services of the expert at any time during

    the proceedings. The provisions of this section shall not preclude the applicability of any other rule or law

Statute Topic Description
Va. Code § 20-108.1(A) Evidence to be considered in determining spousal support The court shall consider all evidence relevant to any issues and each individual case.
Va. Code § 20-108.1(B) Evidence to be considered in determining child support The court shall consider all evidence relevant to any issues and each individual case.Conditions:

  1. In all cases including cases involving split custody or shared custody there shall be a rebuttable presumption that the amount of the award resulting from

    the application of the guidelines set out in § 20-108.2 is the correct amount to be awarded.

  2. Liability for support shall be determined retroactively for the period measured from the date of filing of action provided the respondent was properly

    served or, from the date the Department of Social Services’ order directing payment was delivered to the sheriff or process server for service on the obligor.

Va. Code § 20-108.1(B) Conditions to be satisfied for rebutting the presumption that the amount of the award resulting from the application of the guidelines set out in § 20-108.2 is the

correct amount to be awarded

Written findings in the order that the application of such guidelines would be unjust or inappropriate in a particular case.Written finding should state

  • the amount of support that would have been required under the guidelines,
  • a justification of why the order varies from the guidelines, and

shall be determined by relevant evidence pertaining to the factors affecting the obligation, the ability of each party to provide child support, and the best interests

of the child

 

Va. Code § 20-108.1(B) Factors affecting the obligation, ability of the party to provide child support and best interests of the child 1. Actual monetary support for other family members or former family members;2. Arrangements regarding custody of the children, including the cost of visitation

travel;3. Imputed income to a party who is voluntarily unemployed or under-employed;Income may not be imputed

  1. when a child is not in school
  2. child care services are not available and the cost of such child care services are not included in the computation

when there is a change in a party’s employment imputed income shall be evaluated by considering the party’s good faith and reasonableness of employment decisions

4. Either party’s debts arising during the marriage for child’s benefit;

5. Court ordered direct payments for life insurance coverage maintenance pursuant to subsection D, education expenses, or other court-ordered direct payments for

child’s benefit;

6. Extraordinary capital gains such as capital gains resulting from the marital abode’s sale;

7. Any special needs of a child resulting from any physical, emotional, or medical condition;

8. Child’s independent financial resources;

9. Child‘s or children’s standard of living established during the marriage;

10. Each parent’s earning capacity, obligations, financial resources, and special needs ,

11. Provisions made with regard to the marital property under § 20-107.3, where said

property earns income or has an income-earning potential;

12. Parties’ tax consequences including claims for exemptions, child tax credit, and child care credit for dependent children;

13. A written agreement, stipulation, consent order, or decree between the parties which includes child support amount; and

14. Such other factors as are necessary to consider the equities for the parents and children.

 

Va Code § 20-108.1(C) Health care coverage The court shall have the authority to order either party or both parties to provide health care coverage or cash medical support, as defined in §63.2-1900, or

both, for dependent children if reasonable and health care coverage for a spouse or former spouse.

Va Code § 20-108.1(D) Maintaining life insurance The court shall have the authority to order a party to(i) Maintain any existing life insurance policy on either party’s life provided the party so ordered has the

right to designate a beneficiary and(ii) Designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the

party has a statutory obligation to pay child support.

Va Code § 20-108.1(E) Execution of tax forms or waivers Except where agreement exists on issue of child support, the court shall have the authority to order one party to execute all appropriate tax forms or waivers to

grant the other party the right to take the income tax dependency exemption for any tax year or future years, for parties’ child or children for federal and state

income tax purposes.

Va Code § 20-108.1(F) Effect of amendment to this section Amendments to this section shall not have retroactive effect, and shall not be the basis for a modification of child support.
Va Code § 20-108.1(G) Child support payments not to be subjected to garnishment Current or arrears child support payments shall not be subject to garnishment.
Va Code § 20-108.1(H) Vocational evaluation by a vocational expert. Vocational evaluation by a vocational expert is ordered including, but not limited to, any interviews and testing as requested by the expert, court may award costs

for the evaluation and services of the expertConditions to be satisfied:

  1. In any child or spousal support proceeding when the earning capacity, voluntary unemployment, or voluntary under-employment of a party is in

    controversy,

  2. upon the motion of any party and for good cause shown,

The order will be on the following terms:

  1. It may permit the attendance of the vocational expert at the deposition of the person to be evaluated.
  2. It shall specify the name and address of the expert, the scope of the evaluation, and shall fix the time for filing the report with the court and

    furnishing copies to the parties.

If you are seeking an experienced attorney to help you with a child/spousal support case case in Fairfax Virginia,

call us for help.

A Sris
Sris Law Group
1-703-278-0405

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