More often than not, divorce isn’t just about the separation of the couple, but rather, is also about the welfare of the children. Because the family unit will essentially be disbanded, it could cause some significant instability to the little ones. As you may know, having an intact family is crucial so that a child feels secure, especially during the growing-up years.
Apart from the developmental impact the divorce may have on the children, another crucial aspect that can affect them is the financial support that they will receive. This is particularly of concern if the breadwinner in the family is the one moving out of the family home. In this case, the matter of child support becomes a top priority.
If you are going through a divorce with children involved, it is best that you consult with a family law attorney in Virginia Beach, such as those from McCormick Divorce & Family Law. In the meantime, here are some details about child support that may help you understand the process.
Parental Accountability
Child support is the responsibility of both parents, regardless of custody. The rationale is based on the fact that parental responsibility for the children does not disappear with the couple’s union. The divorce is only between the husband and wife, and not with the children. While the main task of rearing the child may be given to one parent, as in cases of sole custody, financing this child-rearing should be a joint endeavor between child’s parents.
Computing for the Financial Support
It is the custodial parent who must first request any child support. The presumption is that the custodial parent already covers the basic financial needs of the children living with them. The child support is to augment these funds, which may be severely lessened now that the child is living in a one-parent household.
Usually, the court considers the combined incomes of both the parents to ensure that the child will still be afforded the same financial security that they had when they were still living in a two-parent household.
Child Support Outside of Court
Although child support is normally requested through the courts, Virginia law also allows for the department of social services, using the guidelines set by the court, and to have the legal right to impose child support.
A family law attorney in Virginia Beach, VA, would be in the best position to explain to you further the mechanics of child support, within and outside the context of divorce. Consult with them immediately so you can know your options.
Sources:
20-108.2. Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary. Virginia Law.
Child Support Laws in Virginia. DivorceNet.
