In a Virginia divorce, you might find yourself overwhelmed as you think about what the future might hold. With child custody, visitation, property division, spousal support and child support, there is a great deal to consider. Children must be at the forefront because they need to be cared for as they adapt to the changed circumstances.
The court will make sure that the child support order provides everything the child needs. The state has guidelines in place based on the parents’ income and how many children there are. However, those whose circumstances do not fit in neatly with the guidelines should understand when the order could deviate from those guidelines.
Rebutting the presumption of adhering to the guidelines
The court functions with the presumption that the guidelines will be followed in the child support determination. The amount dictated by the guideline needs to be unjust or inappropriate given the circumstances for the court to order a different amount. As always, you must remember that the key factor is to serve the child’s best interests.
If, for example, family members are providing monetary support, then the guidelines might not be appropriate. Custody is also considered. When there are costs associated with visitation travel, this too could impact the decision. It can include imputed income if a parent is willfully unemployed or underemployed. This will be scrutinized closely to gauge why this might be the case.
Costs for childcare while the custodial parent is attending school or in a program to increase their earning power will be considered. When there are debts accrued during the marriage to benefit the child, this too will be weighed. The court will want to maintain the child’s standard of living from when the parents were married. Other considerations are how property has been divided, tax consequences, and if there is a written agreement between the parents regarding child support.
Child support can be complicated, and it is wise to have guidance
When you are getting divorced, child support can be confusing. Automatically believing that guidelines are based on numbers and cannot be deviated from is a mistake. It is important to gather all the necessary information for there to be an appropriate child support order whether it is from the perspective of the paying parent or the receiving parent. Having caring and experienced assistance is vital.