Child & Spousal Support

Child Support

Spousal Support, Annulment, Separation Agreement, Prenuptial AgreementFor child support the court will look at the comparative earnings of the parties, whether or not income should be attributed to either of the parties and the day care necessary to enable one or both parents to be employed. That all goes into the calculation per the Virginia guidelines for the amount of support. Support is usually paid until the child/children attains the age of 18 or 19, if still in school and living at home. For children with serious disabilities there may be a longer period of support past the traditional 18 or 19 age of termination.

Spousal Support

Virginia grants the petitioning spouse the right to petition the court for spousal support. The court looks at the comparative incomes between the parties and the length of marriage between the parties in making a determination as to how much support should be awarded and the length of time that the support should be awarded for. At times the courts in Northern Virginia award 50 percent of the length of the parties’ marriage or, in certain other instances where the marriage has been long, they can award lifetime spousal support. On this particular issue either spouse can have income attributed to them if the court finds from independent evidence such as a vocational rehabilitation expert that the petitioning spouse or the other spouse is not earning as much as they could be earning considering their educational background and job opportunities available to them. This needs to be discussed in great detail with Mr. Kaydouh to see whether or not it is necessary to hire a Vocational Rehabilitation expert to review all of these issues and to see whether or not it would be helpful to the parties’ case to hire such an expert.

Support Enforcement Actions:

Support enforcement actions can be either for back child support or back spousal support. The essential here is having the party who owes the money located within the State of Virginia and that he/she have assets to satisfy the past judgment. All of this can be done provided it is worthwhile to the client and that there is a strong possibility of recovering the monies involved.

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