Child support is the amount of monetary support agreed to by the parties or awarded by the court for the support of the parties' children. Factors to consider for child support include childcare costs, health insurance costs, the incomes of each party, after spousal support is determined, and the time sharing arrangements for the children.
There is usually little difference between the child support amounts set during separation (the Pendente Lite period) and at a final custody hearing unless some of the factors listed above change during the initial determination and the later determination.
As of July 1, 2014, the Virginia Child Support Guidelines have been revised pursuant to legislative changes of Virginia Code Section 20-108.2. These changes could potentially effect present and future support obligations and may even qualify as a material change in circumstances for those seeking a modification of child support. The first major revision to Virginia Code Section 20-108.2 modifies the formula used to calculate child support for those parents whose combined monthly gross incomes exceed $10,000. The second revision eliminates the obligation of the custodial parent paying for unreimbursed medical expenses up to $250.00 before receiving reimbursement from the other parent.
Who does this effect?
- Parents whose combined monthly gross incomes exceed $10,000;
- Parents who currently have a child support obligation;
- Parents who may have a future child support obligation;
- Custodial parents who are obligated to pay $250.00 a year in unreimbursed medical expenses before receiving reimbursement from the other parent; and
- The children. This change increases the child support obligation for those parents who earn higher amounts of combined income.
How do I know if I qualify for a modification pursuant to this revision?
- Under normal circumstances, the Court requires a material change in circumstance in order to modify a child support obligation. (See Child Support Modification) Due to the revision of Virginia Code Section 20-108.2, you may qualify for a modification if the revision created a significant enough change in the current support obligation. The best way to be sure, is to contact your counsel for an appointment to re-run your child support obligations.