Hypothetical Ashburn Family Divorce Situation
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Notice: The client quotations above are not to be construed to guarantee or predict a similar result in any future case undertaken by any attorney of the Law Office of William R.F. Conners, P.C. Each case result depends upon a variety of factors unique to each case and client.
Hypothetical Ashburn Family Divorce Situation
Al and Maggie Luminum live in Ashburn, Virginia. They bought their first home there to start a family. They now have three minor children. Their love for the children kept their marriage alive longer than it would have lasted without them. Eventually, Al and Maggie no longer wanted to be married to each other.
They separated but both remained in Ashburn. Maggie stayed in the marital home in Ashburn Village, on Maidencreek Court . Al moved into the couple’s first home, townhome on Pioneer Ridge Terrace which they kept as an investment property.
Their choice to live in Ashburn was based on Al’s career as a defense engineer and the many opportunities available in the industry. Before she met Al, Maggie planned to go to law school and become a lawyer. Since Al had completed his degree in engineering and already had job prospects, Maggie put law school on hold and stayed home to raise their children. Al’s income was capable of providing for their family and continued to increase as time went on.
As the kids got older, Maggie had more time. The idea of pursuing a legal career didn’t seem to make sense anymore but she thought about getting a business or financial degree. Even though they didn’t need a second income, Maggie wanted a career. She had an entrepreneurial spirit and considered offering accounting services from home.
Al supported Maggie’s desire to do something but thought that getting degree didn’t make sense. He made enough money and would always have a high paying job. They had three kids that would be going to school themselves in the not so far future. Instead of spending money on an advanced degree for Maggie, he thought they should focus on their kids’ futures by putting their extra money into educational funds for them. Al didn’t see why Maggie couldn’t feel worthwhile doing something community based or helpful to the family.
Al and Maggie stopped talking much. Their needs had changed and they weren’t communicating well. They decided to get a divorce
How Child Support Could Apply in the Hypothetical Situation
In this hypothetical situation support obligations will likely be issues during the divorce. Whether either party will pay child support, the amount, and the length of time are decisions that the parties may make by agreement or, if no agreement is possible, that the court will make for them. In the Luminum’s case, different child support scenarios are possible. The possible outcomes will be based on the decisions made regarding child custody and spousal support. There are three categories of support payments: sole custody support, split custody support, and shared custody support . Each are each determined differently and usually result in different amounts. The Luminums’ child support situation, regardless of the formula used, will require payment by Al. All the relevant facts and circumstances must be considered in order to determine which support method will be most beneficial.
Why Skilled Legal Representations is Necessary in a Child Support Case
Child support in Virginia is calculated according to the child support guidelines, which provide a framework for determining a support amount. The guidelines take into account a number of variables including:
(a) number of children,
(b) gross incomes of the parties,
(c) which party is the custodian of the child,
(d) how many days the noncustodial party has the child,
(e) the cost of health insurance,
(f) the cost of any “work related” day care.
“Presumptive” payment amounts based on these variable are set forth in the guidelines. They are “presumed” to be correct unless a sufficient basis for a “deviation” is shown. A deviation from the guidelines can be an increase or decrease and can be sought by one party or agreement of both parties. The court will only order a deviation from the guidelines if it is in the best interests of the child.
Child support can appear deceptively simple to the ill-informed. Child support is frequently disputed because the issues involved are some of the most contentious elements in a divorce or child custody case. The underlying variables, used to determine the support amount, are difficult to resolve. The parties may disagree with each other on issues relating to their gross income. The custody and visitation matters may not be resolved, and day care costs may be in dispute. The parties may also disagree to any proposed deviation.
In such events, it takes a skilled attorney to advance a client’s case and successfully advocate for a client’s position. In child support disputes, our child support lawyers can advise you on many aspects including:
- The effect and interplay of various custody arrangements on child support
- The effect and interplay of various visitation arrangements on child support
- How long child support is to be paid
- What constitutes “income”
- Arguments for and against classifications of income
- The issue of reasonable “work related” child care
- How evidence is obtained in and outside of litigation
- How one can achieve or defend the imposition of a deviation
- “Imputation” of income to an unemployed or underemployed party
- And many more aspects of child support.
When a Support Order can be Modified
In the hypothetical case, a dispute regarding income seems unlikely. Maggie has no income and Al has had a stable career with salaried positions at one of the defense companies. Although Maggie considered performing some accounting jobs at home, she never did. Al may be able to seek a modification however if Maggie pursues her career goals and begins earning income.
With some exceptions, every parent is obligated to provide for the support of a child. Parties can agree to many aspects of child support but the court always maintains jurisdiction to determine the initial amount of child support for a minor child and its jurisdiction continues while the support order is in effect. Either party can ask the court to revisit the issue upon a “material change in circumstances.”
At the Law Office of William R. F. Conners, P.C., our firm is experienced at handling complex child support matters. Whether we are helping the party receiving support to establish the existence and nature of undeclared income in order to obtain a needed payment increase or whether we are helping the paying party from being unduly burdened by an unrealistic obligation, we can leverage our vast array of legal knowledge and strategic tools to best represent our clients.