Many important issues are litigated during a divorce proceeding, such as the division of marital assets and deciding who receives custody of the children.

Other significant issues settled during a divorce relate to spousal support and child support. This article outlines the basics of how both types of support are awarded and calculated in Virginia.

Spousal Support

Spousal support, also known as alimony, is financial assistance provided by one former spouse to the other to help the lower-earning spouse maintain a reasonable standard of living. There is no right to spousal support in Virginia and sometimes it is not granted. Either spouse may request spousal support. If a case involves claims for both spousal and child support, the spousal support is calculated first.

There are different types of spousal support in Virginia. A pendente lite order may be granted, which provides temporary support during the divorce proceeding. This order will only last until the court makes a final determination of support at the end of the case. A final determination of support may result in rehabilitative support or permanent support. Rehabilitative support lasts for the period necessary for a spouse to acquire the skills or education to be self-supporting. The spouse must present a reasonable plan for rehabilitation. Once the spouse becomes self-sufficient, the spousal support usually ends. Permanent support, on the other hand, is granted when the spouse cannot become self-sufficient due to age, illness, or other reasons.

In determining the amount and duration of support, a court will consider various factors, such as:

• The financial needs and resources of each spouse
• The standard of living during the marriage
• The duration of the marriage
• Each spouse’s age, physical condition, and mental condition
• The monetary and non-monetary contributions of each spouse to the family
• Contributions of one spouse to the other’s career or education
• The spouses’ earning capacities and the present employment opportunities for people with such earning capacity
• The parties’ decisions regarding employment, education, and parenting during the marriage and the effect of such decision on earning potential
• Any fault or misconduct in the marriage – a court may refuse to grant spousal support to a spouse who engaged in adultery that contributed to the divorce.

Courts may modify or terminate spousal support if there is a subsequent material change in circumstances. The party seeking the modification or termination has the burden to prove that a significant change in finances has occurred. Situations that may constitute a material change include loss of a job or cohabitation with a new partner. Spousal support automatically terminates upon the remarriage of the spouse receiving the support.

Child Support

If a couple has children, custody and child support will be resolved as part of the divorce proceedings. The party who receives custody of the children may petition for child support. The policy behind child support is to ensure children receive the same level of financial support they would have received if their parents had continued living together.

The calculation for child support can be somewhat complicated in Virginia. The amount of child support is based on the total gross income of both parents and the number of children they have together. Gross income includes salaries, wages, bonuses, capital gains, and interest. Childcare and insurance costs are added to the initial support amount. Once the support amount is set, the costs are apportioned between the parents based on their relative incomes. A court will consider the amount of spousal support received during this step, which is why it must be calculated first. The parent who earns more of the combined income will be responsible for more of the child support obligation.

Parents with child support obligations have the right to request a review of their obligations every three years. A review may be granted even if three years has not passed if:

• There has been at least a 25% change in either parent’s income, the cost of healthcare coverage, or the cost of childcare
• The existing child support order does not include healthcare coverage
• A child needs to be added or removed from the order
• Either parent’s income changes because he or she is recalled to active duty in the National Guard or Reserves
• The parent who owes support is incarcerated for at least 180 days.

Child support obligations generally end when the child turns 18 or is legally emancipated. However, for children over 18 who are full-time high school students, not self-supporting, and living at home, support will continue until either the child turns 19 or graduates from high school, whichever happens first. A court may order support for an adult child who has a permanent mental or physical disability if the disability existed before child support would have otherwise ended, the child lives with the parent receiving child support, and the child cannot live independently.

Good Representation Matters

If you are facing a divorce proceeding and need help receiving your fair share of support, make an appointment with the Davis Law Group domestic and family law attorney today. These are important decisions that can impact you and your children for many years, so make sure you have someone on your side with your best interests in mind. Contact us today.