Child support and spousal support can be some of the most important concerns couples will address during their divorce. Fortunately, the family law process provides resources to resolve those concerns which is why it can be helpful for parents to understand how the family law system addresses their important spousal and child support concerns.
In Virginia, parents have a legal duty to support their children. Virginia now uses child support guidelines that are set out in statute to determine the amount of child support parents are required to pay. Payment obligations now take into account each party's gross income when determining required payment amounts. The court may also consider reasons why the child support guidelines should be deviated from. A formula is used to determine child support that considers income from all sources so it is helpful for divorcing couples to be familiar with the income sources that will be considered.
Spousal support is another important concern for many couples facing divorce. In Virginia, the court will take into account a variety of considerations when determining spousal support including the financial needs and resources of each of the spouses; the age of each of the spouses; the physical and mental condition of each of the spouses; each spouse's financial contribution to the marriage; the standard of living enjoyed during the marriage; and the length of the marriage.
Child support and spousal support can be challenging and emotional issues for many couples during the divorce process. Because of their potential complexity, and the sometimes acrimonious nature of concerns related to spousal support or others, couples should know as much going in as possible about how child support and spousal support are determined during the divorce process.