Legal Question in Family Law in Virginia

Child Support

My wife and I are separated. We have mutually agreed to 50/50 visitation. She has her 50% of the time as do I. I also pay 50% of the child�s daycare. Since I have the child 50% of the time and incur just as many financial expenses as does my wife should I be paying child support even though there is no order for the court to do so. We are both seeking custody of the child, but will not see a judge for many months due to the backlog in the JDR courts.

What are the pro�s and con�s of not paying child support before a court has order the support? I don�t mind paying the support, but I don�t want to set a precedence that the court my see as my not wanting custody of the child.


Asked on 1/04/05, 10:22 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Support

You as the child's parent are legally (as well as morally) obligated to support your child in a manner that will promote her best interests to the extent to which you are able---- whether or not there is any court order in effect for the aforementioned support. Therefore, there are no "cons" to use your term in meeting this basic

obligation irrespective of whether there's a support order and for one such as your self who is seeking custody of the child there are many advantages, a major one being that it demonstrates to the court hearing the custody matter your financial fitness as a parent to actually have physical custody of the child.

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Answered on 1/04/05, 10:44 am
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Child Support

Shared Custody Child Support

This is ruled by statute Va Code Section 20-108.2(3). You can access the statute online at FINDLAW.COM and click on VA then on VA CODE. Two thoughts:

1. Two factors are important, custody share and income share. Parents who earn thye same amount of money and have the child an equal number of days ought to pay each other nothing but only divide child care and health care. However if you make 80% of the joint income and see the child 20% of the time, this will be meaningful in the guideline. If the time is equal then the equality of incomes will determine who pays how much support.

If you are the higher wage earner and the custody share is equal then you will end up paying the other parent something.

2. Child support is retroactive to the date FILED if an original petition and to date of SERVICE if an amendment. So although court is months away, you do not want to be in arrears as of that date so you need to confer with an attorney, determine the approximate amount of the obligation and begin paying it.

GOOD LUCK.

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Answered on 1/04/05, 12:45 pm


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