Fairfax Custody and Child Support Case
Aug 24, 2015OUTCOME: Visitation and Child Support Determination in Favor of Father
Ms. Higgins represented Father in a day-long visitation and child support modification trial against his ex-wife in Fairfax County Circuit Court. The parties shared legal custody of the child. Mother h ... ad primary physical custody of the child and Father had alternating weekend visitation. Father's child support payment to Mother was $800 per month. Father sought increased visitation with the child during the summer, as he was a teacher and had a flexible work schedule during those months. Father also argued for a decrease in child support due to his custodial time with the child exceeding ninety days per year. Virginia's child support guidelines provide that if a party has custody of a child for more than ninety days of the year, then the amount of child support will be determined using a shared custody support amount, which was significantly lower than the sole custody support amount in this case. Mother argued that Father did not have custody of the child for more than ninety days per year and that Father's child support amount should be determined at approximately $630 per month. At trial, Ms. Higgins established that Father did have custody of the child for more than ninety days per year and the court ordered child support be determined using the shared custody support amount, which decreased Father's child support payment to $337 per month. Father's testimony demonstrated that it was in the child's best interests to have increased visitation with Father, as they shared a close and loving relationship. The court ordered that Father would have the child with him one weekday evening per week, in addition to alternating weekend visitation. The court ordered the parties to continue with the summer schedule already in place, which permitted Father's custody of the child for four consecutive weeks during the summer.
