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New child support law in Virginia takes effect in July

Effective July 1, 2014, the child support statute in Virginia, Virginia Code Section 20-108.2, has changed significantly. This change marks the first alteration to Virginia Child Support Guidelines since 1995. The changes considerably impact both the custodial and non-custodial parents. There are two major changes provided by the statute:

  1. The new statute provides a new schedule of monthly basic child support obligations, with differing figures, varying between higher and lower figures. The new schedule provides monthly basic child support obligations for up to $35,000 in combined monthly income, as opposed to the previous $10,000 cap. Additionally, the lowest support figure that can be ordered has increased from $65 per month to $68 per month.
  2. The new statute removes the provision that the custodial parent must pay the first $250 in annual unreimbursed medical expenses prior to the parties allocation of such expenses kicking in. Thus, now, the allocation begins immediately.

This change affects both parents. For the custodial parent, you are likely entitled to more support than was previously ordered and you can request a modification for this reason. For the non-custodial parent, even if your income has stayed the same, if a request to modify child support is brought before the Court, your obligation will likely increase. The significance of the increase appears to be higher at higher income levels.

If you are subject to a child support order, as either the custodial or non-custodial parent, it is highly recommended that you seek counsel immediately. Even if the change seems insignificant, it can add up quickly. The experienced attorneys at the Hallauer Law Firm are ready to meet with you to discuss how this law will affect your case. Please contact us at 757-474-0089 to set up a FREE 30-minute consultation.

Written by Attorney Megan C. Wickre March 1, 2015

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