Legal Question in Family Law in Virginia

Child Support Amount

Is there any law that states that in a divorce decree that the parents HAVE to use the child support spreadsheet to decide on an amount for child support? If the two parents involved decide on a fair amount for both parties, are they allowed to incorporate that in to the decree as binding and final? The lawyer is insisting that the law states that they have to use the worksheet. However, the worksheet is probably going to make the father pay more than you can afford. THe mother is happy with teh agreed amount between them. In my divorce (VA three years ago), I put a set figure in there and we both signed it and were done with it. Is that not the case anymore? Is his lawyer just trying to go by the book? Can he insist that she put their figure in the documents?

Thank you!

Regina


Asked on 12/21/06, 8:48 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Support Amount

Section 20-108.1 of the Code of Virginia (determination of child support)sets out the requirements for determining child support in the Commonwealth. It clearly states that amounts (accurately) determined under the Child Support Guidelines found at Sec. 20-108.2 of the Code are presumed to be correct under law but that that presumption is rebuttable if other conditions described in this particular statute are found to apply. Therefore, deviations from the guidelines which are agreed to by the parties to a divorce may be accorded approval by the court and incorporated into the divorce decree itself if they meet the requirements detailed in this aforementioned statute.

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Answered on 12/22/06, 9:44 am


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