Handling Child Support and Alimony (Spousal Maintenance) Issues
From the point of view of the state of Virginia, the overriding factor in divorce or separation of parents is the best interests of the child. In marriage, spouses also assumed some responsibility for each other — and this responsibility may be accounted for in temporary, lump sum or permanent spousal support from the wage-earner spouse to the dependent spouse.
Discuss the particulars of your coming Virginia divorce with an experienced, well-qualified family law attorney at Barnes & Diehl, P.C. Contact us to schedule a consultation. Our lawyers are prepared to advise you and advocate in favor of your and your children’s interests in your marital dissolution: in settlement negotiations, in mediation and/or in court as needed.
Both parents are responsible for the care and nurturing of their natural or adopted children. Child support paid by the non-custodial parent to the custodial parent for the children of the divorce is based on a formula calculated by the state. In special circumstances, there may be reason to deviate from that calculation in figuring child support — such as when a child has special needs.
Spousal support is not determined by a strict formula. A court takes many facts into consideration when weighing questions of spousal maintenance, whether short term or long term:
- Pendente lite or temporary spousal support to be paid until the divorce is complete
- Periodic spousal support payments to be made over a set length of time, such as several years after a divorce
- Lump sum, one-time spousal support to be paid at the time of divorce
Factors that a judge may want to look at before approving a spousal support order include the following:
- Earning capacity of each spouse
- Education and training of each spouse
- Standard of living established during the marriage
- Length of the marriage
- Age and health of the parties
- Contributions that each has made to the marriage and family
- Property interests of each
- Tax considerations
Contact Us to Schedule a Consultation on Child Support and Spousal Support in Virginia Divorce
An attorney from Barnes & Diehl, P.C., is a valuable source of information and assistance for people approaching divorce or separation, whether with or without children. Our team approach offers value and depth to the process of identifying and codifying key issues.
Talk to a Virginia attorney to discuss your concerns about divorce. Contact us at our Richmond/Chesterfield, Henrico or Hanover office today for a review of your options.