Tag:imputation of income
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 »
If you find yourself in the middle of a contested divorce and the stakes are high, you may need more assistance than your attorney can provide. With an eye toward preparing your case for trial or simply aiding in the settlement process, several categories of experts can be utilized to bolster your position and create compelling evidence in your favor.
These experts are typically experienced as trial witnesses, and the best ones come armed with CVs that add weight to their testimony and shield them from withering cross-examination. Experts can also prepare reports for use as evidence in court or as tools to bring the parties closer to settlement.
You should consider whether hiring any of the following six types of experts would be a worthwhile investment of time and money in your ongoing divorce:
Business Evaluator: This expert can be critical in cases … Read More »
The Virginia General Assembly’s 2013 session has come to a close, and the Governor has signed two new bills related to family law that were passed by the Senate and House of Delegates. Effective July 1, 2013, these bills will change Virginia family law in four very important areas:
Deviation from child support guidelines. Virginia law establishes that child support be calculated according to guidelines which establish a “presumptively correct” amount of support, but then allows courts to “deviate” from the guidelines amount based upon a list of potentially relevant factors. Effective July 1, 2013, the list of factors which might justify deviation is expanded greatly (from five factors to 15 factors), which could have profound effects on support calculations in certain cases.
Child care costs incurred while attending educational or vocational programs. Under current law, many custodial parents attempting to obtain additional … Read More »
Let’s say you’ve just lost your job.
This is not a far-fetched idea for most people. In the past four years, the United States has gone through the longest period with so many unemployed for so long since the Great Depression.
Let’s say you were earning $140,000 a year as a consultant before being let go. You lived comfortably with your family in an affluent neighborhood in an excellent school district.
Let’s also say that now you’re in the process of a divorce from your wife of 15 years. You have two young children and she’s always been their primary caretaker. She has two years of post-high school education, and worked as a salesperson at the local mall until you had kids together. Then she became a stay-at-home mother, and it was agreed that you would be the sole breadwinner until the children … Read More »
In alimony or child support cases, Virginia law allows the court to find a party is voluntarily unemployed or voluntarily underemployed, and to calculate support based on a higher income than he or she is actually earning. As the Virginia Court of Appeals has written, “[a] court may under appropriate circumstances impute income to a party seeking spousal support. This conclusion logically flows from the principle that one who seeks spousal support is obligated to earn as much as he or she reasonably can to reduce the amount of the support need…. A spouse may not choose a low paying position that penalizes the other spouse.”
Virginia Code § 20-107.1 directs the trial court to consider as a spousal support factor each party’s earning capacity. For child support, imputed income is a deviation factor listed in Virginia Code § 20-108.1(B)(3). The court must … Read More »