Practice Areas
- Nursing Home Abuse
- Personal Injury and Automobile Accidents
- Medical Malpractice
- DUI, Traffic and Criminal Law Defense
- Business Litigation
- Divorce
Firm News
Newport News Police Official Convicted of Drunken Driving
Three-Car Accident Kills One Person and Injures Four Others
Three High School Students Killed in a Car Crash in Virginia Beach
Young Volunteer Firefighter Killed in Crash
Former Virginia Tech Quarterback Found Guilty of DUI
Four Deaths on Virginia 151 Prompted Change
Fossella Found Guilty of Misdemeanor Charges of DUI in Virginia
Study Reveals 13% of Seniors Report Mistreatment
Grant Helps the Elderly Avoid Nursing Homes
Driver Convicted of DUI Death Arrested Again on DUI Charge
Firm Library
Nursing Home Abuse
- Virginia Adult and Elder Abuse and Neglect Statistics
- Suspect Elder Abuse? Learn About Mandated Reporting
- Signs of elder abuse, neglect, or exploitation
- Understaffed Nursing Homes can Lead to Elder Abuse
- Rights of Nursing Home Residents
Personal Injury and Automobile Accidents
- No Civil Liability for Hosts or Bars in Virginia
- Is Your Car Spying On You?
- What can be done about teen car deaths?
- Common Questions about Virginia’s Seat Belt Laws
- What the Injured Worker Gets
Medical Malpractice
- Website Allows Consumers to Compare Hospitals
- New Technology may Reduce Physician Mistakes
- Shortage of On-Call Specialists at Hospitals is Costing Patients
- Transient Ischemic Attacks & Strokes
- How Medical Mistakes are Costing U.S. Healthcare $8.8 Billion
DUI, Traffic and Criminal Law Defense
- Having one more for the road may skew breath tests
- The Federal Government’s Answer to Hard Core Drinking and Driving
- All about the Walk and Turn Field Sobriety Test
- Requesting a Restricted License in Virginia
- Ignition Interlock Devices & DUI Law
Divorce
General
How Does Child Support Get Computed In Virginia?
How does child support get computed in Virginia?
Virginia Code §20-108.1 describes the formula for computing child support. The formula works a little bit like a tax table. It tries to make the court’s job easier by setting the level of payment required of the “non-custodial” parent and figure in all hardships and extenuating circumstances that might require greater support.
The first step is to add up the total income of both parents. Plot this total income on the statutory chart. The paying parent’s child support payments will be the ratio of his monthly income to the combined incomes multiplied by the dollar amount shown on the chart.
This figure can be adjusted up or down by a showing that other circumstances exist that should affect the level of payment. Often, the types of circumstances that the court will take into account are the support of other children or family members, debts of either party incurred for the benefit of the child, agreements between parties, or imputed income to a party who is voluntarily unemployed.
Can I Change My Child Support Payments?
The above formula sets the “baseline” for the child support payment, but your needs might change over time. If this happens, then either party may make a motion in court to move the baseline up or down after the court has entered its decision. You would do this any time something came up years later that required greater payment levels. The most prevalent reason for such a motion is a change in the child’s medical needs. To do this, you must show that the financial circumstances have undergone a significant change and that the payments fixed by the court are no longer fair.
Can Child Support be Automatically Deducted from my Paycheck?
Virginia Code does give the Juvenile Domestic Court the power to automatically deduct child support from your paycheck. If this happens, the money will be automatically sent to the Virginia Department of Social Services, who will then give it to the custodial parent.
The Circuit Court who enters the divorce does not have the power to set this automatic deduction up. In order to receive the automatic deduction, you must make a motion before the Juvenile Domestic Court to enforce payment, and the divorce decree will be modified.
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Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223
FAQs
Personal Injury and Automobile Accidents
- Do I need a specialty lawyer for my personal injury case?
- When do I have a personal injury claim?
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Should I leave my vehicle unmoved at an accident scene until the police arrive?
- Should I call an Attorney before seeking medical attention?
Medical Malpractice
- What will the attorneys fees cost?
- What should I do if I feel that I, or someone close to me, have been a victim of medical malpractice?
- How is medical malpractice defined?
- The result of the medical care was bad and I believe that my doctor made a mistake. Will I win my case?
- Do doctors have a duty to tell the patients of every possible risk associated with a medical procedure?
DUI, Traffic and Criminal Law Defense
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Does the failure of the police to give the Miranda warnings prior to arrest operate to make your arrest unlawful?
- I have failed my breathalyzer test. What good can an attorney do in such a case?
- When should an attorney be present with me?
- I have been asked to sign some forms by the police officers. What should I do?
Business Litigation
- What is involved in litigating a business matter?
- What are the alternatives to litigation?
- How does mediation differ from arbitration?
- What effort will you put in to my case?
- What fee schedule is employed for a class action?
Divorce
- If your spouse is in the military and you have been married less than ten years, do you have any rights to the military pension?
- Do you have to have the agreement of your spouse to get divorced?
- How is it possible to agree on a divorce with the best possible outcome for both parties?
- Can I and my spouse use the same attorney for our divorce for the purpose of saving money?
- How likely is it for a father to retain custody of the children?