Spousal Support With Child Formula In Virginia
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FAQ
Virginia follows the “income shares model” of child support. In this model, you calculate both parents' combined gross income and divide the support obligation proportionally based on each parent's income and the number of children.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
Common methods for calculating spousal support typically take up to 40% of the paying spouse's net income, which is calculated after child support. 50% of the recipient spouse's net income is then subtracted from the total if they are working.
Virginia's child support guidelines use what's known as the "income shares model," which is meant to ensure that children have the benefit of both parents' earnings, and that the overall support obligation will be fairly divided ing to the parents' relative financial situations.
Under California law, for the most part, a new spouse's income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved. Usually, the calculation is made strictly using the parents' gross income.
Is my current spouse's income considered in the child support guidelines to determine the obligation amount? No, only a legal parent's income is included in the child support guidelines.
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.
Virginia uses the “Income Shares Model” The “Income Shares Model” calculates child support by considering each parent's share of the total combined income of both parents. Imagine a pie representing the combined income of both parents. The child support amount for each parent is based on their “slice” of this pie.
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.
