How Do VA Statutes Determine Child Support Calculations?

Virginia statutes establish guidelines for paying child support. However, because of the complexities often involved, it is wise to have a Virginia Beach child support lawyer help you deal with calculating payments.

Virginia statute § 20-108.2 provides a schedule with child support amounts based on the supporting parent’s income and the number of children being supported. The minimum child support payment per month is $65. However, parents who are exempt from this requirement include those:

  • Institutionalized in a psychiatric facility
  • Under life imprisonment with no chance of parole
  • Medically verified as totally and permanently disabled
  • Receiving Supplemental Security Income (SSI) 

Virginia Beach child support lawyers can also help parents challenge the child support amounts based on factors listed in VA statute § 20-108.1, such as the following:

  • Monetary support for other or former family members
  • Costs of visitation travel
  • Unemployment or under-employment
  • Exorbitant debts arising from the marriage capital gains tax liabilities from selling a family home
  • Court-ordered life insurance payments and child educational expenses
  • A child's independent financial resources
  • A child's physical, emotional or medical condition special needs
  • Child's standard of living established during the marriage
  • Each parent's earning capacity, obligations, financial resources and special needs
  • Marital property provisions made when property earns income or has an income-earning period
  • Tax consequences, such s exemptions, child tax credit or child care credit for dependent children
  • Settlement agreement that stipulates child support
  • Other necessary factors to make it equitable for parents and children

For excellent legal guidance with child support issues, consult our experienced lawyers at Darrell M. Harding

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