To advertise: 540-349-8060 www.discoverypubs.com
Discover Fauquier May 2019
22
When faced with a custody issue, whether the parties are married or not, there are two
ways in which the matter may be resolved, informally or through litigation.
Informal resolution is where the parents are able to reach an agreement outside of court
on all matters, leaving nothing to be determined by the Court. For many reasons, this
option is financially and emotionally beneficial to the family. The agreement reached by the
parties would need to be memorialized into a contract and can be drafted by an attorney,
mediator, or by the parties.
Litigation is necessary when the parties cannot reach an agreement on their own and
require the Court's involvement. When the Court is faced with a case in which custody
and visitation are in dispute, the Code of Virginia requires the Court to consider the best
interest of the child. The Court considers numerous factors in making a decision.
Child support is calculated by using the Child Support Guideline Worksheet. When support
is in dispute, the Court first calculates the presumptive guideline, which is a snapshot of
the parties' current gross monthly incomes, the number of children requiring support,
monthly cost for work-related childcare, and the insurance premiums paid for the child or
children. The custodial arrangement determines which guideline is used when calculating
a parent's monthly support obligation. The presumptive guideline
can be rebutted based upon numerous factors set forth in the Code
of Virginia, such as a parent being voluntarily underemployed or
unemployed. It is important to note that a parent's legal obligation to
pay child support does not begin until the date one parent petitions
the Court for said relief, or if the parents have reached a written
agreement, with the date set forth in that Agreement.
The attorneys at Mark B. Williams & Associates can provide
guidance in all matters related to custody, visitation, and child
support, including drafting or reviewing agreements between the
parents or litigation. For more information, call (540) 347-6595.
A GUIDE TO CUSTODY, VISITATION,
AND CHILD SUPPORT IN VIRGINIA
Alyssa D. Phillips Attorney,
Mark B. Williams &
Associates
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7193 John Marshall Hwy
The Plains
540-253-5084
11083 Marsh Rd.
Bealeton
540-439-7029
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