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Child Support - Establishment, Part 9

At this point in the establishment series we have covered all of the basic elements needed to calculate support for most people. The basic elements do not cover everything, though, so this post will address some of the other issues that can come up and which have an effect on the guideline.

The first issue is whether either parent is paying spousal support to the other, and if so who pays how much. If there is spousal support being paid because of a court order then it is deducted from the income of the parent who pays it and added to the income of the parent who receives it. For this to happen a judge generally needs to see two things: (1) the order requiring payment of spousal support and (2) receipts or bank records showing that it is actually being paid.

The second issue is whether either parent pays child support for any other children from different relationships or if any such children live with him or her. Like spousal support, a judge needs to see the order requiring support for other children and evidence that it is actually being paid. If that is shown then the amount being paid is deducted from that parent's income.

If the parent is not actively paying support but does have a child from a different relationship living with him or her then there is an amount, determined by that parent's income only--the other parent's income does not matter--that is deducted from that parent's income before the support is calculated.

Please enjoy this disclaimer: The content of this post, indeed of all of my posts, is intended to reference only Virginia law. I am writing this blog to give some idea of the complexities that can underlie family law issues in Virginia and in no way am I giving anyone legal advice here. While I hope these posts will be informative, no one should feel entitled to rely on the information presented here as an authoritative source. Anyone facing a legal issue is well advised to speak to a lawyer face to face to discuss the specifics of that case, rather than relying on general information found on the internet.

#ChildSupport #Establishment

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