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Coronavirus: The Impact on Child / Spousal Support Obligations in Virginia

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Coronavirus (COVID-19) has brought an unprecedented and uncertain situation to our doorstep.  The rapid spread of this dangerous virus has resulted in illness and death for many Virginians.  Governor Northam’s most recent Executive Order has imposed more substantial personal and professional restrictions as we all strive to “flatten the curve” and limit infection.

While we are not here to comment on the personal health/safety issues at stake, we did want to share some thoughts regarding how this new normal is impacting a lot of our clients.  For this brief post, we will focus on the issue of court-ordered child and spousal support.

As we have already seen, layoffs abound, and many Virginians will experience a dramatic reduction in income.  Hopefully, this will be a short-term problem.  However, with the Courts being temporarily closed to non-essential causes, many of our clients have concerns over how to address their Support Order, so here are a few quick thoughts:

  • For all persons who have lost their income or are experiencing a significant income reduction:
    • It may be wise to attempt to find new employment and to apply for unemployment benefits, if you qualify. 
    • Keep track of all efforts to find new employment: maintain copies of written and email applications and any relevant correspondence with potential employers; keep a journal or spreadsheet with the names of companies that you’ve applied for and the dates of each application.  
    • Speak with the opposing party: given the court closure, as well as the likelihood that this crisis will impact everyone, the quickest avenue to relief may be through mutual agreement.*
    • File a Motion to Amend**.  Whether you are the payor (seeking to reduce the support obligation), or the payee (seeking to increase the support obligation), you should consider filing a Motion to Amend Support with the appropriate Juvenile or Circuit Court.  It is important to note that there may be a substantial delay in your ability to file in light of the ongoing crisis.
    • Speak to an attorney. An experienced divorce and family law attorney can help you explore all options so that you can determine the best avenue(s) to pursue.
  • For the PAYOR:
    • We cannot advise clients to disregard an existing spousal or child support order.
    • If you are the payor and cannot pay due to financial constraints, we would recommend that you make every effort to pay what you can (do your best to comply using income/financial resources available to you) until your ordinary income resumes or you are able to obtain a modification.** 
    • Making efforts to find employment/seek unemployment benefits and making partial support payments may help you avoid a contempt finding.

*Even if you are able to reach an “agreement” with the opposing party regarding temporary modifications to the terms contained in your support order, it may still be critical to have your agreement formalized in a new order or formal written agreement.  It would be wise to discuss any agreement that you reach with an attorney.

**If you have a spousal support obligation that is considered “non-modifiable”, you may not be able to seek modification from the Court and should speak with an attorney regarding available options.

If you would like to speak with an experienced divorce and family law attorney regarding your child or spousal support obligation, please contact BoykoNapier at (804) 658-3418, or you can reach us via email.

Virginia Child Support: Understanding Imputation of Income

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In Virginia child support cases, imputation of income can have a substantial influence the amount of a support obligation. Understanding how and when a court will impute income is a complex endeavor.  This post is designed to give you a few basic pointers so that you can better understand the concept of imputing income.  If you have questions about your specific case, it is important to speak with an experienced family law and divorce attorney.

  • Read the Virginia Code

In determining the amount of child support, a Virginia court is guided by child support guidelines.  These guidelines are “presumptive” in that a judge shall presume, subject to rebuttal, that the guideline figure is the appropriate figure for support.   However, Virginia Code Section 20-108.1 sets forth factors that a judge may consider in determining whether to deviate from the guidelines.  Factor number three states as follows:

  • “Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to a custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that any consideration of imputed income based on a change in a party’s employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party, including to attend and complete an educational or vocational program likely to maintain or increase the party’s earning potential”

This language authorizes a Virginia court, in certain circumstances, to consider imputing income to a party based on that parties’ employment decisions.  Accordingly, this language plays a critical role in each imputation issue.

  • Determine Whether Imputation is a Potential Issue

If a Virginia Circuit or Juvenile Court imputes income to a party, the court has essentially declared that the parent should be earning more than the parent is actually earning.  These are some common examples of situations where this issue arises:

  1. A parent has quit, or been fired from their job
  2. A parent is working less than full-time hours
  3. A parent has taken a pay decrease, or accepted a different job for less pay
  4. A parent is not working, but is capable of working

  • Gather the Evidence

Proving that a parent is voluntarily unemployed or under-employed can be a difficult task.  In many cases, it is advisable to gather evidence to demonstrate the person’s earning capacity.  Some examples of relevant evidence may include past earnings (i.e. pay stubs, tax returns), documentation regarding termination of former employment (i.e. termination letter, employer disciplinary records), documentation regarding educational background, and medical records showing a capacity to maintain employment.

  • Consult with a Vocational Expert

A vocational expert may be a critical witness in your support case when imputation of income is an issue.  A vocational expert can provide an opinion regarding the earning capacity of a parent, and can show evidence of employment opportunities.  An opinion from such an expert can often become a vital piece of evidence that can sway a judge’s decision regarding whether or not to impute income.

If you have additional questions about imputation of income, child support laws, or any other family law or divorce issue, contact an experienced Virginia attorney at BoykoNapier.  The trial lawyers at BoykoNapier represent clients in all manner of family law and divorce cases throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities.  Contact BoykoNapier at (804) 658-3418, or you may reach us via email.

Child Support in Virginia: Understanding Shared Guidelines

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In Virginia, the child support amount that one parent pays to another is often calculated using support guidelines.  Depending on the custodial arrangement that exists between the parents, a Court may choose between different types of support guideline calculations.

This post is a brief introduction to “shared” guidelines, which are often utilized for parents who have joint or shared physical custody.  As you may recall from our previous child support posts, most of what you need to know about support guidelines in Virginia can be found in the child support guidelines statute: Virginia Code Section 20-108.2.  This includes information about shared guidelines.

You may have asked (or been asked) the following question: if I get more time with my son/daughter, will I pay less in support?  The answer is . . . maybe.  It depends on how much custodial time you are exercising.  Unlike “sole” guidelines (which do not consider the amount of custodial time that is exercised by the “non-custodial parent”), shared guidelines factor in the custodial arrangements between parents.  Simply put, if the court uses shared guidelines, the more equal the custodial time between the parents, the less support that will be paid between them.

So, when will the Court use shared child support guidelines in Virginia?

  • In order to qualify for shared guidelines, the parent obligated to pay support must exercise at least 90 days of custodial time with the child during a calendar year.
  • It is important to note, that a “day” is specifically defined in the statute as “… a period of 24 hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the shared child for less than 24 hours during such overnight period, there is a presumption that each parent shall be allocated one-half of a day of custody for that period.”
  • (Side note: as you can imagine, the number of “days” that a parent exercises is a topic that is frequently debated.)

If you are involved in a child support case, it is important to speak with an experienced Virginia family law attorney.  You may be eligible for different child support guideline calculations that could have a positive impact on your case.

The divorce and family law attorneys at BoykoNapier are experienced in all manner of child support cases.  Give BoykoNapier a call at (804) 658-3418 to discuss your case, or contact them via email.

 

Child Support in Virginia: What You Should Know About Upcoming Changes in the Law!

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Our legislature has stepped up to the plate and enacted new child support laws and guidelines.  The new guidelines will mark the first amendment in over 25 years.   Highlighted below are two significant changes to the Virginia Child Support laws:

Child Support Guidelines

If you look at the current Virginia Child Support Guidelines statute (Va. Code 20-108.2), you will see a long table with presumptive monthly child support obligations, based on the combined monthly gross incomes of the parents–aptly titled “Schedule of Monthly Basic Child Support Obligations”.

This table will be different in July 2014 when the amended statute takes effect.  If you look at the revisions (here: HB 933), you will immediately notice the differences.  The most notable:

  • There are new minimum amounts for the lowest income range, and the support figures change depending on the number of children.
  • The new guidelines have specific support figures for combined gross incomes over 10,000, all the way up to 35,000. 

Should you file to amend your current order based on these new child support guidelines? 

  • Possibly!  Depending on the circumstances, the new law may substantially increase or decrease the support amount in your case.  We would strongly suggest that you consult with an experienced family law attorney to determine whether the new law would lead to a deviation from the current amount that is significant enough to warrant the filing of a motion to amend your support order.

 Unreimbursed Medical Expenses

The current law requires that the custodial parent foot the bill for the first $250.00 in “reasonable and necessary unreimbursed medical or dental expenses” for each child who is the subject of the support order (unless the parties otherwise agree, or good cause is shown as to why this should not be the case).  After the first $250.00, the parties typically divide additional unreimbursed expenses in proportion to their gross incomes.  See Virginia Code 20-108.2(D).

The new law removes the $250.00 threshold.  This means that, absent good cause or an agreement to the contrary, the parties will proportionately divide all reasonable and necessary unreimbursed expenses.  This is a significant change for custodial parents—especially those with 2 or more kids who have currently been obligated to pay $500+ each year in unreimbursed expenses, before the other parent even becomes responsible for a portion.

Should you file to amend your current order based on this change in the law? 

  • If you are the custodial parent and your order requires you to pay the first $250.00 of unreimbursed medical expenses, you should contact a Virginia family law attorney to discuss your options.  It may be worthwhile to pursue an amendment to your order.

The Virginia trial lawyers at BoykoNapier practice family law throughout the Richmond area, including Henrico, Chesterfield, Hanover and the surrounding localities.  If you are considering a review of your child support order, contact BoykoNapier today at (804) 658-3418, or contact us via email.  

Difficulties in Divorce: What is a Pendente Lite Hearing?

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Individuals going through divorce in Virginia will often ask themselves thousands of questions as they tread down the path of separation. One common concern that arises is, broadly speaking, TIME. Most people tense up when they hear how long it can take for a divorce to be finalized—once separation begins, a year or more is the norm.

“What do I do until then?” is an incredibly daunting thought. The “what-ifs” are bound to circle around in your head: what if my husband doesn’t provide any support; what if my wife keeps coming around my residence, or removes me from the health insurance policy . . . and so on.

Temporary Orders in Virginia Divorce Cases

While your circumstances will dictate what your best options are during a separation period (and because of that, it is important to speak with an attorney directly to determine your best course of action), it is helpful to know that you might be entitled to receive temporary relief from the Court.

Once a Divorce has been filed, you may ask for a hearing with the Court to enter a temporary order. This hearing is called a Pendente Lite hearing. This latin phrase means “pending the litigation” (per legaldictionary.com).

Thankfully, our Virginia legislature has kindly recognized that temporary relief is important. In Virginia Code Section 20-103, the legislature has given Judges the authority to make various rulings while the case is pending.

Common Pendente Lite Requests:

  • Temporary child and spousal support
  • Temporary custody of your minor children
  • Temporary use and possession of the marital residence
  • Order prohibiting the dissipation of marital assets
  • Order requiring a spouse to pay joint debts
  • Order requiring a spouse to provide health insurance coverage
  • Temporary award of attorney’s fees

The Court may also punish a party for contempt if they choose to disobey a Court Order while the case is pending. The purpose of this code section, and of the Pendente Lite hearing, is to provide a party with protection during what can often be a very lengthy divorce process.

If you have additional questions about Divorce, or Pendente Lite hearings, call BoykoNapier at (804) 658-3418, or contact us via email, and speak with an experienced Virginia Family Law Attorney today.

Virginia Child Support Guidelines: a Closer Look at the Ingredients

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In Virginia, Court-ordered Child Support amounts are typically determined through the use of Virginia’s Child Support Guidelines.

The support guidelines are a creature of statute (Va. Code Section 20-108.2) and the Court is required to presume that the guideline amount is appropriate (Va. Code Section 20-108.1).

Because the child support guidelines are so important, it is a good idea to familiarize yourself with the building blocks—the ingredients that usually provide the foundation for calculating the child support amount:

  • Gross Income of the Parties
    • The Gross income of both parents perhaps the primary factor in determining the percentage obligation of the parties (i.e. if Dad makes 30% more than Mom, he will need to pay a higher percentage of the child support need)
    • Gross income is generally considered to be all income from any source.  For most people, this could mean:
      • Wages from Employment
      • Interest income
      • Unemployment income
      • Disability income (note: if a parent receives disability benefits, any sums received for a child who is the subject of child support shall be includable as well)
      • Spousal Support
      • Pension and Retirement Account distributions
      • Gifts
  • Number of Children in Common
    • The number of minor children of the parties will obviously impact the amount of the child support obligation
  • Number of Children Not in Common
    • If either parent has children from another relationship than they will typically be awarded a credit that offsets a portion of their gross income—the credit will depend on the number of other children or on the amount of child support they pay for the other children
  • Medical Insurance
    • The premium expense for the minor children’s medical and dental coverage, if applicable, is considered.
    • The parent who pays the expense should get a credit for the payment.
  • Daycare Expenses
    • The daycare expense for the minor children, if applicable, is considered.
    • The parent who pays the expense should get a credit for the payment.
  • Custodial Time
    • If the non-custodial parent has at least 90 visitation days each calendar year, or if the parties have joint physical custody, the Court may use “shared support guidelines”, which calculates the child support need based on the amount of time the child is with each parent.
    • If the parties have split custody (i.e. both parties each have primary custody of at least one minor child in common) the Court may use “split custody guidelines” to account for the different custodial arrangement

Take a look at a Child Support Guideline Worksheet to see how this all fits together.

If you have questions about child support, contact an experienced family law attorney at BoykoNapier today.  Our attorneys represent clients throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities.  You may reach us via phone at (804) 658-3418 or via email.



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