In Virginia child support cases, there is rebuttable presumption that the amount of child support determined by the guidelines in Virginia Code Section 20-108.2 is correct. This presumption could lead a parent to believe that the calculation of child support is an easy task; however, this computation can be a complex legal matter.
A lawyer experienced in child support cases will know that both parents’ incomes will need to be accurately determined and this determination requires an understanding of what constitutes income. In addition, it is often necessary to conduct discovery to determine if the other party is accurately reporting their total income. Other factors such as how much a parent is paying for their child’s medical insurance and, if applicable, both parents’ costs for work-related child care will need to be examined.
The lawyer will need a precise calculation of the amount of days that the child resides with each party. There are other factors that must be considered such as whether or not a party is ordered to pay support for a child born from another relationship. If there is an existing child support order, the party seeking to amend the order will have to show the court that there has been a material change of circumstance.
Initially, the calculation or modification of child support appears to be relatively simple but parents often learn that this calculation requires experienced representation. Janus & Stone, P.C. has the experience that you need to insure that you are receiving the proper amount of child support or not paying too much.