Child support proceedings commence with a Petition for Child Support, open for filing by either parent, regardless of the final determination of the payor. A critical initial step involves establishing paternity, typically confirmed at birth via a voluntary...
In a divorce proceeding involving the calculation of the parties’ child support obligation or in child support proceedings generally, the determination of income is a cornerstone of such support calculation. So, what is considered “income” for this purpose? Employment...
This article is the fifth in a multi-part series on women’s rights in divorce cases. While divorce laws are supposed to apply equally to both spouses, there are issues unique to women in divorce worth considering. It’s essential to have a competent attorney who...
In Virginia, there are two types of courts that handle family law cases, the circuit court and the juvenile and domestic relations district court (JDR). Circuit courts can handle all types of family cases but primarily hear divorce cases. JDR courts hear custody and...
What You Should Know About a Property Settlement Agreement (PSA) in Virginia By: John Whitbeck [04.30.2021] Almost every divorce that settles in Virginia will result in the parties signing a Property Settlement Agreement (PSA), but not everyone understands what this...
How Child Support is Calculated in Virginia By: John Whitbeck [02.16.2021] One area of a divorce that is more predictable is the calculation of child support. This is not something left up to chance, actually following a specific formula. While divorce can be...
Can You Stop Paying Child Support if You Cannot See Your Children? By: John Whitbeck [09.16.2020] Often, tensions between two divorced persons do not end after obtaining a divorce decree, especially if their divorce involves child custody, parent visitation, and child...
What is the Difference Between Physical and Legal Custody in a Virginia Divorce? By: John Whitbeck [7.8.2020] If you are preparing for a divorce in Virginia and you have children, you may be concerned about how custody will be handled. There are two types of custody...
Will Remarriage Affect Your Existing Child Support Order in Virginia? A new child or spouse may warrant a modification in an existing Child Support Order in Virginia. By: John Whitbeck [6.29.2020] If you are a divorced parent who has to comply with an existing child...
By: Michael Lehr, Esq. In Virginia, child support payments are determined in large part upon a mathematical formula. This formula, known as the “guidelines,” determines the child support payment using the gross income of both parents, the number of children in the...
