Alimony and Child Support in Virginia



By Carrie R. Wolanin, and John Crouch, Crouch & Crouch


Child support:
Even after separation, both spouses are responsible for the financial support of their children. If there is no agreement on the amount, a judge will determine it using a statutory mathematical formula that is designed to be uniform and leave little to argue about. Child support is calculated based on both parties' incomes, day care and health care costs, and occasionally other expenses. Whatever is in the most recent court order must be paid until the court makes a new order. Either parent can go to court later on to ask the court to change the support amount, if they can prove that circumstances have changed significantly. This is possible even if the parties had a written agreement about child support!


Alimony (Spousal support):
Especially in the case of a long marriage, and/or when one spouse (generally the wife) has made a career of the marriage as a homemaker, when one spouse is disabled so that they cannot earn a living, and/or in cases of great disparities in income, the court is likely to grant financial support to the spouse in need. Courts may grant "pendente lite" alimony during divorce litigation, and when decreeing a divorce they may grant "defined duration" (temporary rehabilitative) alimony, or permanent alimony which lasts until it is terminated by death, remarriage, or a court finding of cohabitation. Some alimony is modifiable by a court later on, some is not.

Alimony is deductible from the gross income of the payor spouse and is included in the gross income of the recipient spouse. Several rules govern how alimony provisions of separation agreements and court orders must be written in order for it to receive this tax treatment.

For more information go to Crouch & Crouch articles about alimony.

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Disclaimer: Items are not to be considered legal advice or to create any lawyer-client relationship. In addition, taking any legal information out of context, i.e., using it in a different court or a subtly different kind of case, or without the training to understand all of what it means or doing research to verify it, usually has disastrous consequences.