Child and Spousal Support

 

 

CHILD AND SPOUSAL SUPPORT

Providing Professional, Personal and Individual Attention to Your Needs

 

Child Support 

 

Virginia utilizes child support guidelines which dictate the amount of support based on the parents income, cost of child care, cost of health insurance, and support of children from prior marriages or liaisons. It is difficult to deviate from the guidelines. 

 

There are several different formulas used to calculate the amount of child support depending to how much visitation time the non-custodial parent has with the child, when the parents have equal time with child, or when each parent has physical custody of at least one child. 

 

If the non-custodial parent has less than 90 days visitation a year, then there is a simple calculation involving the total income of both parents, the amount of child care costs incurred for the child if the custodial parent is working, adjustment for support of “other” children, and the medical insurance costs for the child.  The total is then apportioned between the parents dependent on the ratio of their income.  It the non-custodial parent has more than 90 days visitation a year, then the shared custody formula is used and the calculation takes into account the percentage of time each parent has with the child.  If the parents share their parenting time equally, then a split custody support formula is used where the support obligation of each parent is calculated, and the difference in support is paid to by one parent to the other.   

 

Mr. Kavrukov is well versed in the calculating support depending on the above mentioned factors and on the number of days of visitation.  He is also knowledgeable as to how to discover hidden income and assets to assure that child support payments are accurate.

 

Spousal Support (Alimony)

 

Money that must be paid to a former spouse is called “spousal support” in Virginia.  In theory, the spouse with the much higher income may be ordered to pay spouse support.  In reality, overwhelming majority of spousal support awards require husbands to pay support to their former wives.  Awards of spousal support in favor of a husband are rear, even when the wife has a higher income.  Unlike child support, there is no formula to calculate spousal support at the divorce hearing.  Fairfax County has a formula to calculate spousal support, but it can only be used while the divorce is pending.  Each case is different, but the court considers factors such as the need of the prospective support recipient, the ability of the party to pay, employment history, length of marriage, health of the party, educational background and others.  If a party intentionally refuses to work or is underemployed, the judge most likely will require that party to generate income according to previous work experience or to work to full capacity. 

 

The award of spousal support may be temporary (rehabilitative) for a number of years, until certain event occurs, for example graduation, or permanent.  The permanent award may be modified or eliminated at a later date if circumstances have substantially changed.

 

Spousal support awarded by a judge after a hearing in court may be subject to modification later, but spousal support agreed upon in settlement agreement may not be changed later, even if there are changed circumstances, unless the settlement agreement provided that there may be modifications.

 

Mr. Kavrukov has experience with the legal issues involved in determining whether

spousal support award should be made, and for what length of time.  He has represented both sides of the spousal support issue.  He will work hard to represent your interests, and fight to achieve a fair result.

 

Mr. Kavrukov is a compassionate and dedicated attorney who knows how child and spousal support works in Virginia, and understands the issues involved in obtaining or defending award of child or spousal support.  He will develop and tailor legal strategy specifically for your case.

 

 
 

 

 

 

 

 
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