|
Lieutenant Robinson,
U.S. Navy Flight Instructor, 1992
All Rights Reserved. Copyright 1999
by Ronald Robinson.
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| Virginia Code Section 20-107.2. Court
may decree as to custody and support of minor children.
Upon entry of a decree providing (i) for the
dissolution of a marriage, (ii) for a divorce, whether from the bond
of matrimony or from bed and board, (iii) that neither party is
entitled to a divorce, or (iv) for separate maintenance, the court
may make such further decree as it shall deem expedient concerning
the custody or visitation and support of the minor children of the
parties as provided in Chapter 6.1 (§
20-124.1 et seq.) of Title 20, including an order that either
party or both parties provide health care coverage or cash medical
support, or both.
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| Virginia Code Section 20-108.1.
Determination of child or spousal support.
A. In any proceeding on the issue of determining
spousal support, the court shall consider all evidence presented
relevant to any issues joined in that proceeding. The court's
decision shall be rendered based upon the evidence relevant to each
individual case.
B. In any proceeding on the issue of determining
child support under this title or Title 16.1 or Title 63.2, the
court shall consider all evidence presented relevant to any issues
joined in that proceeding. The court's decision in any such
proceeding shall be rendered upon the evidence relevant to each
individual case. However, there shall be a rebuttable presumption in
any judicial or administrative proceeding for child support,
including cases involving split custody or shared custody, that the
amount of the award which would result from the application of the
guidelines set out in §
20-108.2 is the correct amount of child support to be awarded.
Liability for support shall be determined retroactively for the
period measured from the date that the proceeding was commenced by
the filing of an action with any court provided the complainant
exercised due diligence in the service of the respondent or, if
earlier, the date an order of the Department of Social Services
entered pursuant to Title 63.2 and directing payment of support was
delivered to the sheriff or process server for service on the
obligor.
In order to rebut the presumption, the court shall
make written findings in the order, which findings may be
incorporated by reference, that the application of such guidelines
would be unjust or inappropriate in a particular case. The finding
that rebuts the guidelines shall state the amount of support that
would have been required under the guidelines, shall give a
justification of why the order varies from the guidelines, and shall
be determined by relevant evidence pertaining to the following
factors affecting the obligation, the ability of each party to
provide child support, and the best interests of the child:
1. Actual monetary support for other family
members or former family members;
2. Arrangements regarding custody of the children,
including the cost of visitation travel;
3. Imputed income to a party who is voluntarily
unemployed or voluntarily under-employed; provided that income may
not be imputed to the custodial parent when a child is not in
school, child care services are not available and the cost of such
child care services are not included in the computation and provided
further, that any consideration of imputed income based on a change
in a party's employment shall be evaluated with consideration of the
good faith and reasonableness of employment decisions made by the
party;
4. Debts of either party arising during the
marriage for the benefit of the child;
5. Direct payments ordered by the court for
maintaining life insurance coverage pursuant to subsection D,
education expenses, or other court-ordered direct payments for the
benefit of the child;
6. Extraordinary capital gains such as capital
gains resulting from the sale of the marital abode;
7. Any special needs of a child resulting from any
physical, emotional, or medical condition;
8. Independent financial resources of the child or
children;
9. Standard of living for the child or children
established during the marriage;
10. Earning capacity, obligations, financial
resources, and special needs of each parent;
11. Provisions made with regard to the marital
property under §
20-107.3, where said property earns income or has an
income-earning potential;
12. Tax consequences to the parties including
claims for exemptions, child tax credit, and child care credit for
dependent children;
13. A written agreement, stipulation, consent
order, or decree between the parties which includes the amount of
child support; and
14. Such other factors as are necessary to
consider the equities for the parents and children.
C. In any proceeding under this title or Title
16.1 or Title 63.2 on the issue of determining child support, the
court shall have the authority to order either party or both parties
to provide health care coverage or cash medical support, as defined
in §
63.2-1900, or both, for dependent children if reasonable under
all the circumstances and health care coverage for a spouse or
former spouse.
D. In any proceeding under this title, Title 16.1
or Title 63.2 on the issue of determining child support, the court
shall have the authority to order a party to (i) maintain any
existing life insurance policy on the life of either party provided
the party so ordered has the right to designate a beneficiary and
(ii) designate a child or children of the parties as the beneficiary
of all or a portion of such life insurance for so long as the party
so ordered has a statutory obligation to pay child support for the
child or children.
E. Except when the parties have otherwise agreed,
in any proceeding under this title, Title 16.1 or Title 63.2 on the
issue of determining child support, the court shall have the
authority to and may, in its discretion, order one party to execute
all appropriate tax forms or waivers to grant to the other party the
right to take the income tax dependency exemption for any tax year
or future years, for any child or children of the parties for
federal and state income tax purposes.
F. Notwithstanding any other provision of law, any
amendments to this section shall not be retroactive to a date before
the effective date of the amendment, and shall not be the basis for
a material change in circumstances upon which a modification of
child support may be based.
G. Child support payments, whether current or
arrears, received by a parent for the benefit of and owed to a child
in the parent's custody, whether the payments were ordered under
this title, Title 16.1, or Title 63.2, shall not be subject to
garnishment. A depository wherein child support payments have been
deposited on behalf of and traceable to an individual shall not be
required to determine the portion of deposits which are subject to
garnishment. |
Virginia
Code Section 20-108.2. Guideline for determination of child support; quadrennial
review by Child Support Guidelines Review Panel; executive summary.
A. There shall be a rebuttable presumption in any judicial or
administrative proceeding for child support under this title or Title 16.1 or
63.2, including cases involving split custody or shared custody, that the amount
of the award which would result from the application of the guidelines set forth
in this section is the correct amount of child support to be awarded. In order
to rebut the presumption, the court shall make written findings in the order as
set out in §
20-108.1,
which findings may be incorporated by reference, that the application of the
guidelines would be unjust or inappropriate in a particular case as determined
by relevant evidence pertaining to the factors set out in §
20-108.1.
The Department of Social Services shall set child support at the amount
resulting from computations using the guidelines set out in this section
pursuant to the authority granted to it in Chapter 19 (§
63.2-1900 et seq.) of Title 63.2 and subject to the provisions of §
63.2-1918.
B. For purposes of application of the guideline, a basic child
support obligation shall be computed using the schedule set out below. For
combined monthly gross income amounts falling between amounts shown in the
schedule, basic child support obligation amounts shall be extrapolated. However,
unless one of the following exemptions applies where the sole custody child
support obligation as computed pursuant to subdivision G 1 is less than $65 per
month, there shall be a presumptive minimum child support obligation of $65 per
month payable by the payor parent. Exemptions from this presumptive minimum
monthly child support obligation shall include: parents unable to pay child
support because they lack sufficient assets from which to pay child support and
who, in addition, are institutionalized in a psychiatric facility; are
imprisoned with no chance of parole; are medically verified to be totally and
permanently disabled with no evidence of potential for paying child support,
including recipients of Supplemental Security Income (SSI); or are otherwise
involuntarily unable to produce income. "Number of children" means the number of
children for whom the parents share joint legal responsibility and for whom
support is being sought.
SCHEDULE OF MONTHLY BASIC CHILD SUPPORT OBLIGATIONS
COMBINED
MONTHLY
GROSS ONE TWO THREE FOUR FIVE SIX
INCOME CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
0-599 65 65 65 65 65 65
600 110 111 113 114 115 116
650 138 140 142 143 145 146
700 153 169 170 172 174 176
750 160 197 199 202 204 206
800 168 226 228 231 233 236
850 175 254 257 260 263 266
900 182 281 286 289 292 295
950 189 292 315 318 322 325
1000 196 304 344 348 351 355
1050 203 315 373 377 381 385
1100 210 326 402 406 410 415
1150 217 337 422 435 440 445
1200 225 348 436 465 470 475
1250 232 360 451 497 502 507
1300 241 373 467 526 536 542
1350 249 386 483 545 570 576
1400 257 398 499 563 605 611
1450 265 411 515 581 633 645
1500 274 426 533 602 656 680
1550 282 436 547 617 672 714
1600 289 447 560 632 689 737
1650 295 458 573 647 705 754
1700 302 468 587 662 721 772
1750 309 479 600 676 738 789
1800 315 488 612 690 752 805
1850 321 497 623 702 766 819
1900 326 506 634 714 779 834
1950 332 514 645 727 793 848
2000 338 523 655 739 806 862
2050 343 532 666 751 819 877
2100 349 540 677 763 833 891
2150 355 549 688 776 846 905
2200 360 558 699 788 860 920
2250 366 567 710 800 873 934
2300 371 575 721 812 886 948
2350 377 584 732 825 900 963
2400 383 593 743 837 913 977
2450 388 601 754 849 927 991
2500 394 610 765 862 940 1006
2550 399 619 776 874 954 1020
2600 405 627 787 886 967 1034
2650 410 635 797 897 979 1048
2700 415 643 806 908 991 1060
2750 420 651 816 919 1003 1073
2800 425 658 826 930 1015 1085
2850 430 667 836 941 1027 1098
2900 435 675 846 953 1039 1112
2950 440 683 856 964 1052 1125
3000 445 691 866 975 1064 1138
3050 450 699 876 987 1076 1152
3100 456 707 886 998 1089 1165
3150 461 715 896 1010 1101 1178
3200 466 723 906 1021 1114 1191
3250 471 732 917 1032 1126 1205
3300 476 740 927 1044 1139 1218
3350 481 748 937 1055 1151 1231
3400 486 756 947 1067 1164 1245
3450 492 764 957 1078 1176 1258
3500 497 772 967 1089 1189 1271
3550 502 780 977 1101 1201 1285
3600 507 788 987 1112 1213 1298
3650 512 797 997 1124 1226 1311
3700 518 806 1009 1137 1240 1326
3750 524 815 1020 1150 1254 1342
3800 530 824 1032 1163 1268 1357
3850 536 834 1043 1176 1283 1372
3900 542 843 1055 1189 1297 1387
3950 547 852 1066 1202 1311 1402
4000 553 861 1078 1214 1325 1417
4050 559 871 1089 1227 1339 1432
4100 565 880 1101 1240 1353 1448
4150 571 889 1112 1253 1367 1463
4200 577 898 1124 1266 1382 1478
4250 583 907 1135 1279 1396 1493
4300 589 917 1147 1292 1410 1508
4350 594 926 1158 1305 1424 1523
4400 600 935 1170 1318 1438 1538
4450 606 944 1181 1331 1452 1553
4500 612 954 1193 1344 1467 1569
4550 618 963 1204 1357 1481 1584
4600 624 972 1216 1370 1495 1599
4650 630 981 1227 1383 1509 1614
4700 635 989 1237 1395 1522 1627
4750 641 997 1247 1406 1534 1641
4800 646 1005 1257 1417 1546 1654
4850 651 1013 1267 1428 1558 1667
4900 656 1021 1277 1439 1570 1679
4950 661 1028 1286 1450 1582 1692
5000 666 1036 1295 1460 1593 1704
5050 671 1043 1305 1471 1605 1716
5100 675 1051 1314 1481 1616 1728
5150 680 1058 1323 1492 1628 1741
5200 685 1066 1333 1502 1640 1753
5250 690 1073 1342 1513 1651 1765
5300 695 1081 1351 1524 1663 1778
5350 700 1088 1361 1534 1674 1790
5400 705 1096 1370 1545 1686 1802
5450 710 1103 1379 1555 1697 1815
5500 714 1111 1389 1566 1709 1827
5550 719 1118 1398 1576 1720 1839
5600 724 1126 1407 1587 1732 1851
5650 729 1133 1417 1598 1743 1864
5700 734 1141 1426 1608 1755 1876
5750 739 1148 1435 1619 1766 1888
5800 744 1156 1445 1629 1778 1901
5850 749 1163 1454 1640 1790 1913
5900 753 1171 1463 1650 1801 1925
5950 758 1178 1473 1661 1813 1937
6000 763 1186 1482 1672 1824 1950
6050 768 1193 1491 1682 1836 1962
6100 773 1201 1501 1693 1847 1974
6150 778 1208 1510 1703 1859 1987
6200 783 1216 1519 1714 1870 1999
6250 788 1223 1529 1724 1882 2011
6300 792 1231 1538 1735 1893 2023
6350 797 1238 1547 1745 1905 2036
6400 802 1246 1557 1756 1916 2048
6450 807 1253 1566 1767 1928 2060
6500 812 1261 1575 1777 1940 2073
6550 816 1267 1583 1786 1949 2083
6600 820 1272 1590 1794 1957 2092
6650 823 1277 1597 1801 1965 2100
6700 827 1283 1604 1809 1974 2109
6750 830 1288 1610 1817 1982 2118
6800 834 1293 1617 1824 1990 2127
6850 837 1299 1624 1832 1999 2136
6900 841 1304 1631 1839 2007 2145
6950 845 1309 1637 1847 2016 2154
7000 848 1315 1644 1855 2024 2163
7050 852 1320 1651 1862 2032 2172
7100 855 1325 1658 1870 2041 2181
7150 859 1331 1665 1878 2049 2190
7200 862 1336 1671 1885 2057 2199
7250 866 1341 1678 1893 2066 2207
7300 870 1347 1685 1900 2074 2216
7350 873 1352 1692 1908 2082 2225
7400 877 1358 1698 1916 2091 2234
7450 880 1363 1705 1923 2099 2243
7500 884 1368 1712 1931 2108 2252
7550 887 1374 1719 1938 2116 2261
7600 891 1379 1725 1946 2124 2270
7650 895 1384 1732 1954 2133 2279
7700 898 1390 1739 1961 2141 2288
7750 902 1395 1746 1969 2149 2297
7800 905 1400 1753 1977 2158 2305
7850 908 1405 1758 1983 2164 2313
7900 910 1409 1764 1989 2171 2320
7950 913 1414 1770 1995 2178 2328
8000 916 1418 1776 2001 2185 2335
8050 918 1423 1781 2007 2192 2343
8100 921 1428 1787 2014 2198 2350
8150 924 1432 1793 2020 2205 2357
8200 927 1437 1799 2026 2212 2365
8250 929 1441 1804 2032 2219 2372
8300 932 1446 1810 2038 2226 2380
8350 935 1450 1816 2045 2232 2387
8400 937 1455 1822 2051 2239 2395
8450 940 1459 1827 2057 2246 2402
8500 943 1464 1833 2063 2253 2410
8550 945 1468 1839 2069 2260 2417
8600 948 1473 1845 2076 2266 2425
8650 951 1478 1850 2082 2273 2432
8700 954 1482 1856 2088 2280 2440
8750 956 1487 1862 2094 2287 2447
8800 959 1491 1868 2100 2294 2455
8850 962 1496 1873 2107 2300 2462
8900 964 1500 1879 2113 2307 2470
8950 967 1505 1885 2119 2314 2477
9000 970 1509 1891 2125 2321 2484
9050 973 1514 1896 2131 2328 2492
9100 975 1517 1901 2137 2334 2498
9150 977 1521 1905 2141 2339 2503
9200 979 1524 1909 2146 2344 2509
9250 982 1527 1914 2151 2349 2514
9300 984 1531 1918 2156 2354 2520
9350 986 1534 1922 2160 2359 2525
9400 988 1537 1926 2165 2365 2531
9450 990 1541 1930 2170 2370 2536
9500 993 1544 1935 2175 2375 2541
9550 995 1547 1939 2179 2380 2547
9600 997 1551 1943 2184 2385 2552
9650 999 1554 1947 2189 2390 2558
9700 1001 1557 1951 2194 2396 2563
9750 1003 1561 1956 2198 2401 2569
9800 1006 1564 1960 2203 2406 2574
9850 1008 1567 1964 2208 2411 2580
9900 1010 1571 1968 2213 2416 2585
9950 1012 1574 1972 2218 2421 2590
10000 1014 1577 1977 2222 2427 2596
For gross monthly income between $10,000 and $20,000, add the
amount of child support for $10,000 to the following percentages of gross income
above $10,000:
ONE TWO THREE FOUR FIVE SIX
CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
3.1% 5.1% 6.8% 7.8% 8.8% 9.5%
For gross monthly income between $20,000 and $50,000, add the
amount of child support for $20,000 to the following percentages of gross income
above $20,000:
ONE TWO THREE FOUR FIVE SIX
CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
2% 3.5% 5% 6% 6.9% 7.8%
For gross monthly income over $50,000, add the amount of child
support for $50,000 to the following percentages of gross income above $50,000:
ONE TWO THREE FOUR FIVE SIX
CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
1% 2% 3% 4% 5% 6%
C. For purposes of this section, "gross income" means all
income from all sources, and shall include, but not be limited to, income from
salaries, wages, commissions, royalties, bonuses, dividends, severance pay,
pensions, interest, trust income, annuities, capital gains, social security
benefits except as listed below, workers' compensation benefits, unemployment
insurance benefits, disability insurance benefits, veterans' benefits, spousal
support, rental income, gifts, prizes or awards.
If a parent's gross income includes disability insurance
benefits, it shall also include any amounts paid to or for the child who is the
subject of the order and derived by the child from the parent's entitlement to
disability insurance benefits. To the extent that such derivative benefits are
included in a parent's gross income, that parent shall be entitled to a credit
against his or her ongoing basic child support obligation for any such amounts,
and, if the amount of the credit exceeds the parent's basic child support
obligations, the credit may be used to reduce arrearages.
Gross income shall be subject to deduction of reasonable
business expenses for persons with income from self-employment, a partnership,
or a closely held business. "Gross income" shall not include:
1. Benefits from public assistance and social services
programs as defined in §
63.2-100;
2. Federal supplemental security income benefits;
3. Child support received; or
4. Income received by the payor from secondary employment
income not previously included in "gross income," where the payor obtained the
income to discharge a child support arrearage established by a court or
administrative order and the payor is paying the arrearage pursuant to the
order. "Secondary employment income" includes but is not limited to income from
an additional job, from self-employment, or from overtime employment. The
cessation of such secondary income upon the payment of the arrearage shall not
be the basis for a material change in circumstances upon which a modification of
child support may be based.
For purposes of this subsection: (i) spousal support received
shall be included in gross income and spousal support paid shall be deducted
from gross income when paid pursuant to an order or written agreement and (ii)
one-half of any self-employment tax paid shall be deducted from gross income.
Where there is an existing court or administrative order or
written agreement relating to the child or children of a party to the
proceeding, who are not the child or children who are the subject of the present
proceeding, then there is a presumption that there shall be deducted from the
gross income of the party subject to such order or written agreement, the amount
that the party is actually paying for the support of a child or children
pursuant to such order or agreement.
Where a party to the proceeding has a natural or adopted child
or children in the party's household or primary physical custody, and the child
or children are not the subject of the present proceeding, there is a
presumption that there shall be deducted from the gross income of that party the
amount as shown on the Schedule of Monthly Basic Child Support Obligations
contained in subsection B that represents that party's support obligation based
solely on that party's income as being the total income available for the
natural or adopted child or children in the party's household or primary
physical custody, who are not the subject of the present proceeding. Provided,
however, that the existence of a party's financial responsibility for such a
child or children shall not of itself constitute a material change in
circumstances for modifying a previous order of child support in any
modification proceeding. Any adjustment to gross income under this subsection
shall not create or reduce a support obligation to an amount which seriously
impairs the custodial parent's ability to maintain minimal adequate housing and
provide other basic necessities for the child, as determined by the court.
In cases in which retroactive liability for support is being
determined, the court or administrative agency may use the gross monthly income
of the parties averaged over the period of retroactivity.
D. Except for good cause shown or the agreement of the
parties, in addition to any other child support obligations established pursuant
to this section, any child support order shall provide that the parents pay in
proportion to their gross incomes, as used for calculating the monthly support
obligation, any reasonable and necessary unreimbursed medical or dental expenses
that are in excess of $250 for any calendar year for each child who is the
subject of the obligation. The method of payment of those expenses shall be
contained in the support order. Each parent shall pay his respective share of
expenses as those expenses are incurred. Any amount paid under this subsection
shall not be adjusted by, nor added to, the child support calculated in
accordance with subsection G. For the purposes of this section, medical or
dental expenses shall include but not be limited to eyeglasses, prescription
medication, prosthetics, orthodontics, and mental health or developmental
disabilities services, including but not limited to services provided by a
social worker, psychologist, psychiatrist, counselor, or therapist.
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E. Any costs for health care coverage
as defined in §
63.2-1900 and dental care coverage, when actually being paid by
a parent or that parent's spouse, to the extent such costs are
directly allocable to the child or children, and which are the extra
costs of covering the child or children beyond whatever coverage the
parent or that parent's spouse providing the coverage would
otherwise have, shall be added to the basic child support
obligation. Where the court orders that a custodial parent enroll a
child in health care coverage sponsored by the Department of Social
Services, the Department shall deduct the cost of the coverage prior
to disbursement of the child support payment in accordance with §
63.2-1954.1.
F. Any child-care costs incurred on
behalf of the child or children due to employment of the custodial
parent shall be added to the basic child support obligation.
Child-care costs shall not exceed the amount required to provide
quality care from a licensed source. When requested by the
noncustodial parent, the court may require the custodial parent to
present documentation to verify the costs incurred for child care
under this subsection. Where appropriate, the court shall consider
the willingness and availability of the noncustodial parent to
provide child care personally in determining whether child-care
costs are necessary or excessive. Upon the request of either party,
and upon a showing of the tax savings a party derives from
child-care cost deductions or credits, the court shall factor actual
tax consequences into its calculation of the child-care costs to be
added to the basic child support obligation.
G. 1. Sole custody support. The sole
custody total monthly child support obligation shall be established
by adding (i) the monthly basic child support obligation, as
determined from the schedule contained in subsection B, (ii) costs
for health care coverage to the extent allowable by subsection E,
(iii) cash medical support in cases where the child is a recipient
of Medicaid or the Family Access to Medical Insurance Security Plan
as set forth in clause (ii) of the definition of cash medical
support in §
63.2-1900, and (iv) work-related child-care costs and taking
into consideration all the factors set forth in subsection B of §
20-108.1. The total monthly child support obligation shall be
divided between the parents in the same proportion as their monthly
gross incomes bear to their monthly combined gross income. The
monthly obligation of each parent shall be computed by multiplying
each parent's percentage of the parents' monthly combined gross
income by the total monthly child support obligation.
However, the monthly obligation of
the noncustodial parent shall be reduced by the cost for health care
coverage to the extent allowable by subsection E when paid directly
by the noncustodial parent or that parent's spouse. Unreimbursed
medical and dental expenses shall be calculated and allocated in
accordance with subsection D.
2. Split custody support. In cases
involving split custody, the amount of child support to be paid
shall be the difference between the amounts owed by each parent as a
noncustodial parent, computed in accordance with subdivision 1, with
the noncustodial parent owing the larger amount paying the
difference to the other parent. Unreimbursed medical and dental
expenses shall be calculated and allocated in accordance with
subsection D.
For the purpose of this section and §
20-108.1, split custody shall be limited to those situations
where each parent has physical custody of a child or children born
of the parents, born of either parent and adopted by the other
parent or adopted by both parents. For the purposes of calculating a
child support obligation where split custody exists, a separate
family unit exists for each parent, and child support for that
family unit shall be calculated upon the number of children in that
family unit who are born of the parents, born of either parent and
adopted by the other parent or adopted by both parents. Where split
custody exists, a parent is a custodial parent to the children in
that parent's family unit and is a noncustodial parent to the
children in the other parent's family unit.
3. Shared custody support.
(a) Where a party has custody or
visitation of a child or children for more than 90 days of the year,
as such days are defined in subdivision G 3 (c), a shared custody
child support amount based on the ratio in which the parents share
the custody and visitation of any child or children shall be
calculated in accordance with this subdivision. The presumptive
support to be paid shall be the shared custody support amount,
unless a party affirmatively shows that the sole custody support
amount calculated as provided in subdivision G 1 is less than the
shared custody support amount. If so, the lesser amount shall be the
support to be paid. For the purposes of this subsection, the
following shall apply:
(i) Income share. "Income share"
means a parent's percentage of the combined monthly gross income of
both parents. The income share of a parent is that parent's gross
income divided by the combined gross incomes of the parties.
(ii) Custody share. "Custody share"
means the number of days that a parent has physical custody, whether
by sole custody, joint legal or joint residential custody, or
visitation, of a shared child per year divided by the number of days
in the year. The actual or anticipated "custody share" of the parent
who has or will have fewer days of physical custody shall be
calculated for a one-year period. The "custody share" of the other
parent shall be presumed to be the number of days in the year less
the number of days calculated as the first parent's "custody share."
For purposes of this calculation, the year may begin on such date as
is determined in the discretion of the court, and the day may begin
at such time as is determined in the discretion of the court. For
purposes of this calculation, a day shall be as defined in
subdivision G 3 (c).
(iii) Shared support need. "Shared
support need" means the presumptive guideline amount of needed
support for the shared child or children calculated pursuant to
subsection B of this section, for the combined gross income of the
parties and the number of shared children, multiplied by 1.4.
(iv) Sole custody support. "Sole
custody support" means the support amount determined in accordance
with subdivision G 1.
(b) Support to be paid. The shared
support need of the shared child or children shall be calculated
pursuant to subdivision G 3 (a) (iii). This amount shall then be
multiplied by the other parent's custody share. To that sum for each
parent shall be added the other parent's or that parent's spouse's
cost of health care coverage to the extent allowable by subsection
E, plus the other parent's work-related child-care costs to the
extent allowable by subsection F. This total for each parent shall
be multiplied by that parent's income share. The support amounts
thereby calculated that each parent owes the other shall be
subtracted one from the other and the difference shall be the shared
custody support one parent owes to the other, with the payor parent
being the one whose shared support is the larger. Unreimbursed
medical and dental expenses shall be calculated and allocated in
accordance with subsection D.
(c) Definition of a day. For the
purposes of this section, "day" means a period of 24 hours; however,
where the parent who has the fewer number of overnight periods
during the year has an overnight period with a child, but has
physical custody of the shared child for less than 24 hours during
such overnight period, there is a presumption that each parent shall
be allocated one-half of a day of custody for that period.
(d) Minimum standards. Any
calculation under this subdivision shall not create or reduce a
support obligation to an amount which seriously impairs the
custodial parent's ability to maintain minimal adequate housing and
provide other basic necessities for the child. If the gross income
of either party is equal to or less than 150 percent of the federal
poverty level promulgated by the U.S. Department of Health and Human
Services from time to time, then the shared custody support
calculated pursuant to this subsection shall not be the
presumptively correct support and the court may consider whether the
sole custody support or the shared custody support is more just and
appropriate.
(e) Support modification. When there
has been an award of child support based on the shared custody
formula and one parent consistently fails to exercise custody or
visitation in accordance with the parent's custody share upon which
the award was based, there shall be a rebuttable presumption that
the support award should be modified.
(f) In the event that the shared
custody support calculation indicates that the net support is to be
paid to the parent who would not be the parent receiving support
pursuant to the sole custody calculation, then the shared support
shall be deemed to be the lesser support.
H. The Secretary of Health and Human
Resources shall ensure that the guideline set out in this section is
reviewed by October 31, 2001, and every four years thereafter, by
the Child Support Guidelines Review Panel, consisting of 15 members
comprised of four legislative members and 11 nonlegislative citizen
members. Members shall be appointed as follows: three members of the
House Committee for Courts of Justice, upon the recommendation of
the chairman of such committee, to be appointed by the Speaker of
the House of Delegates in accordance with the principles of
proportional representation contained in the Rules of the House of
Delegates; one member of the Senate Committee for Courts of Justice,
upon the recommendation of the chairman of such committee, to be
appointed by the Senate Committee on Rules; and one representative
of a juvenile and domestic relations district court, one
representative of a circuit court, one representative of the
Department of Social Services' Division of Child Support
Enforcement, three members of the Virginia State Bar, two custodial
parents, two noncustodial parents, and one child advocate, upon the
recommendation of the Secretary of Health and Human Resources, to be
appointed by the Governor. The Panel shall determine the adequacy of
the guideline for the determination of appropriate awards for the
support of children by considering current research and data on the
cost of and expenditures necessary for rearing children, and any
other resources it deems relevant to such review. The Panel shall
report its findings to the General Assembly as provided in the
procedures of the Division of Legislative Automated Systems for the
processing of legislative documents and reports before the General
Assembly next convenes following such review.
Legislative members shall serve terms
coincident with their terms of office. Nonlegislative citizen
members shall serve at the pleasure of the Governor. All members may
be reappointed. Appointments to fill vacancies, other than by
expiration of a term, shall be made for the unexpired terms.
Vacancies shall be filled in the same manner as the original
appointments.
Legislative members shall receive
such compensation as provided in §
30-19.12, and nonlegislative citizen members shall receive such
compensation for the performance of their duties as provided in §
2.2-2813. All members shall be reimbursed for all reasonable and
necessary expenses incurred in the performance of their duties as
provided in §§
2.2-2813 and
2.2-2825. Funding for the costs of compensation and expenses of
the members shall be provided by the Department of Social Services.
The Department of Social Services
shall provide staff support to the Panel. All agencies of the
Commonwealth shall provide assistance to the Panel, upon request. |
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