Virginia child support guidelines come in the form of a spreadsheet that is used to calculate child support payments. The forms are available online and can be downloaded to your computer. Parents can also obtain court reporters that can create the worksheets online for them. They can then print the forms out and take them to their local court house for signature or to download directly to their computer.
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The word “child” refers to a child under the age of 18 who lives in the state of Virginia. Lines 22 and 28 of the Virginia code refer to the child support obligation of the custodial guardian or parents, as defined by the laws of Virginia. Line 8 indicates the amount of support to be paid. Any money exceeding this amount is applied to the additional expenses of caring for the child.
There are two parts to the Virginia child support guidelines worksheet. The first part is the income of both parents. Included in this column are expenses such as the household budget, mortgage, personal expenses, child care, transportation, taxes, and the child’s living expenses. The second part of the worksheet indicates the amount of child care costs incurred by either the custodial guardian or the non-custodial parent. These include daycare fees, transportation, and meals.
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The second part of the Virginia child maintenance guidelines worksheet includes the effect of any changes to either income or assets. When considering a change in earning capacity, the court will consider the earning capability of each parent as well as their financial resources at the time of separation. The court considered the ability of each parent to contribute to the physical and emotional well being of the child. Any changes to these sources of income or assets must be made in consideration of the best interest of the child. If one parent has less than the other parent’s net income or net assets, they will be ordered to contribute more to their children’s needs.
Any increase in any financial resources such as wages, bonuses, investments, or retirement accounts will need to be reported to the Office of Support Enforcement. The Office of Support Enforcement will use this information to determine which party is in the appropriate position to receive the award. The party that is awarded to the greater amount of money will be ordered to pay more. Conversely, the party that is awarded less money will be expected to pay less.
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In addition to the income and assets described above, the Virginia child tax consequences also need to be considered. Each marital relationship is treated separately. The only exception to this is if the child is adopted or placed for adoption. In these circumstances, both parents are treated as joint-custodial obligations and their marital property is jointly determined for tax purposes.
If one party is responsible for the bulk of a child’s expenses (medical, educational, food, etc.) that party’s obligation will usually be more. An example is if the child receives two-thirds of his or her daily or yearly total allowance (including any overtime) from the custodial parent. This child’s gross income is considered “exceptional” and therefore will receive greater Virginia child support guidelines than the other children in the same situation. The party paying for these exceptional costs (including dental expenses) must, upon receiving the award, either fully pay the expense or have it applied to reduce the balance of the award.
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The Virginia child support guidelines allow for an award to be based on the particular case at hand. Therefore, the Court may order varying child support payments based on a particular case. In addition, the Court may order payments based on a change in a child’s standard of living since the Divorce; this may occur if the custodial parent receives some form of income support while the non-custodial parent continues to receive a substantial portion of their daily or yearly income. In this instance, the Court will order a higher percentage of support for the former spouse. The exact formulas used by the Court will vary depending on each unique case.
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