Legal Question in Family Law in Virginia

custody and child support noncustodial parent

i am a newlywed, husband is unemployed and has child. how does this work with child support payments. does the court use my salary as the basis for child support payments or is it calculated from his earnings?


Asked on 3/24/07, 9:09 pm

2 Answers from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: custody and child support noncustodial parent

South Carolina uses Guidelines that take into account each parent's gross monthly income, health insurance cost for the child, work related child care expenses, among other factors.

If a parent is not working but is capbable of working (or is underemployed), the Court can impute income to him/her based on his/her earning capacity instead of his actual income.

You can read an article that I wrote and learn more about the Child Support Guidelines by pasting the following address into your web browser: http://www.scfamilylaw.com/children-child-support-guidelines-updated.html

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 3/25/07, 8:59 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: custody and child support noncustodial parent

The Virginia Child Support Guidelines

utilize what's known as the income shares formula for determining and apportioning each share of the total child support obligation owed by both parents, based upon a variety of factors, for which more information can be gleaned at Va. Code Sec. 20-108.2.

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Answered on 3/25/07, 12:16 am


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