Legal Question in Family Law in Virginia
Vacation buy out and child support calculation
I've recently left my job (a ''mutually agreed'' seperation) and received a lump sum payment for my accrued leave plus a lump sum severace payment. Is this buy out of my accrued vacation and sick leave considered as part of my gross income for the purposes of calculating child support payments and how does one determine what child support payments should be in this situation in which I've received 2 large lump sum payments in one month?
Thanks in advance!
1 Answer from Attorneys
Re: Vacation buy out and child support calculation
Yes, whatever it's called, the buyout represent income paid to you by your employer and it is undoubtedly based in some meassure on your last highest gross monthly salary with the employer, and your child support payments, consequently, should continue into the future at their current rate based upon the lump sum divided by your last gross monthly salary with this employer which should equal the number of months into
the future that this current support obligation would be applicable. Then, whenever this X number of months is exhausted and you have a different level of gross monthly income which may require an adjustment in the amount of your child support obligation, you should at that time petition the court having jurisdiction over the matter for a review and adjustment of the support obligation amount, if appropriate.
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