Charlottesville, VA asked in Child Custody and Divorce for Virginia

Q: If the mother has primary custody of her children & the father secondary custody in the state of Virginia does the

Father have to pay child support

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Divorce Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: It depends. The calculations must be run for each situation.

When each parent has at least 90 days custody of a child in Virginia, the shared custody and sole custody child support worksheet calculations are used, with the lesser amount being the presumptively correct amount of child support paid by one to the other. A parent can argue that the judge should deviate from the presumptively correct amount of child support based on certain factors. The shared custody worksheet calculations includes a multiplier for the basic support amount and the ratio of days spent with the child, in addition to the usual calculations based on income share, heath insurance costs for the children, and daycare costs for the custodial parent.

You should consult with an experienced Virginia family law lawyer to discuss how much child support might be paid or owed in your situation.

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