Alimony And Child Support In Virginia In Virginia
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Under Virginia Code §20-108.1, courts in Virginia are to determine child support “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… .” This means that although ...
Child support is usually owed to the custodial parent. If a court determines that you are the payee on the order, then you would be able to pursue the collection of the past-due support.
Two of the biggest alimony factors in Virginia when awarding spousal support are the financial need of the party asking for support and the ability of the person paying to supplement the income of the requesting spouse to meet their needs.
The party seeking temporary spousal support must file a motion with the court and request such support. Virginia Code § 20-107.1 gives courts the authority to award post-divorce spousal support. The court can award rehabilitative support or permanent support.
Retroactive Child Support Under Virginia Law This means that even if you and your ex have been separated for a while, the court can only award retroactive child support beginning on the date the action was filed in court.
The formula stated in § 16.1-278. is: (a) 30% of the gross income of the payor less 50% of the gross income of the payee in cases with no minor children and (b) 28% of the gross income of the payor less 58% of the gross income of the payee in cases where the parties have minor children in common.
Unless otherwise ordered, Virginia support orders terminate child support on a child's 18th birthday; however, support continues for any child who is over the age of eighteen (18) and is a full time high school student until the child reaches age nineteen (19) or graduation from high school, whichever occurs first.
In Virginia, if a parent owes more than $5,000 in child support and is more than a year past due, they can be charged with a felony. If convicted, the parent could face up to two years in jail. However, there are a few exceptions to this law.
However, adultery is not necessarily a complete bar to the adulterous spouse receiving spousal support in Virginia. Rather, the court may still award the adulterous spouse support in some cases, based on (1) the relative finances of the parties and (2) the relative degrees of “fault” of the parties.
Spousal support issues arise in Virginia divorces where the parties have been married for a substantial length of time and there is a significant gap in their incomes. In these cases, determination of a proper amount and duration of spousal support (called “alimony” in other states) can become very difficult.
