How to file for spousal support in VA?

You can start a spousal support case in Virginia Juvenile & Domestic Relations district courts by filing a petition. Find your local J&DR district court at this page, with links to each local court. The local J&DR district court can provide you more information about how to file a spousal support petition.

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Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Alimony And Child Support In Virginia In Oakland

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Oakland

Control #:

US-00004BG-I

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This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Spousal support issues arise in Virginia divorces where the parties have been married for a substantial length of time and there is a significant gap in their incomes. In these cases, determination of a proper amount and duration of spousal support (called “alimony” in other states) can become very difficult.

One of the most significant disqualifying factors for alimony in Virginia is adultery. If you've been unfaithful during your marriage, you may lose your right to receive spousal support. Other fault-based grounds for divorce, such as cruelty or desertion, can also impact alimony decisions.

However, adultery is not necessarily a complete bar to the adulterous spouse receiving spousal support in Virginia. Rather, the court may still award the adulterous spouse support in some cases, based on (1) the relative finances of the parties and (2) the relative degrees of “fault” of the parties.

You can start a spousal support case in Virginia Juvenile & Domestic Relations district courts by filing a petition. Find your local J&DR district court at this page, with links to each local court. The local J&DR district court can provide you more information about how to file a spousal support petition.

The formula stated in § 16.1-278. is: (a) 30% of the gross income of the payor less 50% of the gross income of the payee in cases with no minor children and (b) 28% of the gross income of the payor less 58% of the gross income of the payee in cases where the parties have minor children in common.

The Virginia Child Support Guidelines outline the obligation amount based on the parents' combined monthly gross income and the number of children. For example, a family with an income of $4,000 would have a support obligation of $645 a month for one child and $975 a month for two children.

If you mean the custodial parent and child live in another state from the noncustodial parent, yes, you can. Make an appointment at your local state child support enforcement office. They will tell you what information to bring with you to the appointment. They will do all the filing.

More info

Apply online using the link below. MyChildSupport Customer Service Portal.You must mail or fax a signed request to the EFT Unit at P.O. Box 586, Richmond, VA 23218-0586, or fax to (804) 726-7955. Spouses pay alimony, or spousal support, only when one spouse can show a need for financial help. You're always free to work out an agreement with your co-parent about child support. Learn about the types of alimony available in Virginia, how it's calculated, and the factors courts consider when awarding spousal support. You can seek a child support order for any and all children who live with you, whether you are married or unmarried. Alimony, also called "maintenance" or "support," is financial support paid by, or to, your spouse. In Virginia, child support obligations normally last until the child turns 19-years-old, but can continue past that age if the child is still in high school. A person making qualified alimony payments can deduct them.

Alimony And Child Support In Virginia In Oakland

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