Legal Question in Family Law in Virginia

Re: Can my husband's x use our joint stocks to calculate support

You should consult with a Virginia attorney to discuss the applicability of the law to the facts of your particular situation. The following is general legal information on two aspects of child support in Virginia: the basic statutory definition of �gross income� for determining the presumptive amount of child support and the duration of child support.

Section 20-108.2 (C) of the Code of Virginia provides as follows:

�C. For purposes of this section, "gross income" means all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits except as listed below, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, rental income, gifts, prizes or awards..."

There are additional items that may be included or excluded from income. You should consult with your attorney concerning these additional items.

As to the duration of child support, Section 124.2 (C) of Title 20 of the Code of Virginia provides as follows:

�C. The court may order that support be paid for any child of the parties. The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs. The court may also order the continuation of support for any child over the age of 18 who is (i) severely and permanently mentally or physically disabled, (ii) unable to live independently and support himself, and (iii) resides in the home of the parent seeking or receiving child support. In addition, the court may confirm a stipulation or agreement of the parties which extends a support obligation beyond when it would otherwise terminate as provided by law. The court shall have no authority to decree support of children payable by the estate of a deceased party. The court may make such further decree as it shall deem expedient concerning support of the minor children, including an order that any party provide health care coverage.�