The Virginia legislature has made a significant change to Virginia Code § 20-108.1 concerning child support and when the court may find a party to an action is either voluntarily unemployed or underemployed. The change also affects what constitutes a material change in circumstances warranting a modification of a party’s child support obligation. The new law will protect an incarcerated party from a ruling that he or she is voluntarily unemployed or voluntarily underemployed as a result of the incarceration. The law will additionally allow the incarcerated party to petition for a change in an ordered child support obligation by citing the incarceration as a material change in circumstances.
No Imputation Based on Incarceration
Under the current child support statute, when the court determines each parent’s income level for a final child support amount, the court may impute income to a party if … Read More »