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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:
- Actual monetary support for other family members or former family members;
- Arrangements regarding custody of the children, including the cost of visitation travel;
- 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;
- Debts of either party arising during the marriage for the benefit of the child;
- 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;
- Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
- Any special needs of a child resulting from any physical, emotional, or medical condition;
- Independent financial resources of the child or children;
- Standard of living for the child or children established during the marriage;
- Earning capacity, obligations, financial resources, and special needs of each parent;
- Provisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;
- Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;
- A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
- 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:
|
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
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
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:
The order will be on the following terms:
|
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