Divorce is a process that impacts an entire family in both figurative and very literal, material ways. One issue that comes up is financially supporting theChild support and deciding who should pay how much, is already a contentious issue.
One person may make more than the other, or another person may feel that the partner is not contributing enough and financially pulling their weight. In fact, in Virginia highly contested child support cases, the issue of appropriate employment is especially pertinent. A capable child support lawyer can do their best to represent you in court and assure that your rights are protected.
Deciding How Child Support Will Be Paid
The parties can always work together to agree how it is going to happen. However, in many cases, if one of the parties wants the payment to come by way of wage withholding, they have the ability to ask the court to order that and in many cases, the court will do that even if the parties do not agree. The starting point for a court in any child support determination is going to be the guideline that is set out in Virginia law. The court can deviate from that, but the court is required to look at the guideline as a starting point in all child support cases.
Problems That Could Arise in Court
There are issues in Virginia highly contested child support cases, which have to do with whether somebody is fully employed and what is the appropriate level of employment. A lot of times, this issue comes up when it is a divorce case and, hypothetically, one parent was a stay at home parent by agreement of the parties during the marriage and then when they got divorced, the wage-earning parent feels strongly that the stay at home parent should now be working and earning substantial income.
There a number of considerations that go into this but this is one of the most highly contested issues that can arise in a child support case and it is up to the court to decide what the capacity of that non-earning or lower earning spouse is at the time of the hearing. It may be that the parent has been out of work for only a couple of years but really does have the ability to get back into the job market very quickly, and in that case, the court might say the parent is underemployed when staying at home.
However, if there is a child support case with kids who are teenagers and one of the parents has stayed at home since the children were born and has been out of the job for more than a decade, the court might say that the parent doesn’t have to work. At that time there may not be an expectation that they could be earning $60,000 a year but rather something much more meager based on what their abilities are.
The other issue that arises in these cases is based on the fact that there are different guidelines depending on the custodial share, and there are cases where parties are hotly arguing the custodial timeshare in order to impact what the child support is going to be.
For example, a parent might be arguing for the other parent to have less than 91 days of custodial time because they want to make sure that the child support is payable under the sole custody calculation.
On the other hand, the person who is going to be the non-primary parent might be pushing for 91 or more days because they know the child support calculation is going to be different and produce likely a lower child support member if they can get into that shared custody realm. The custodial share and its impact on the child support calculation are other issues that often arises in Virginia highly contested child support cases.
Contacting a Lawyer
When it comes to child support cases, there is a lot at stake. The ultimate priority is ensuring that the children are provided for. However, it is also important to make sure that no one is getting taken advantage of, which is where things get contentious. In Virginia highly contested child support cases, a determined child support lawyer can be indispensable. A local child support attorney can work diligently in order to achieve a fair outcome for everyone.