state of va- never married we have a 5 month old baby..
i make 32k a year- she is asking for $370 a month. she has no job other than watching two kids in the home for about 500 per month..she is on govt assistance for food stamps ( ebt) and baby formula. she pays no child care..i have my son every weekend from 6pm friday to 7pm sunday.
is this a fair amount?we have joint physical and joint legal custody
Assuming $500 per month gross income for the mother and $2,666 per month average gross income for the father, no medical insurance or medical expenses, no work-related daycare expenses, and 104 days of custody to the father (i.e., every weekend for a 48 hour period), then the basic child support amount using shared custody guidelines would be about $322 per month.
However, because mother's income is below 150% of the federal poverty guidelines, the court is instructed by Section 20-108.2.G.3.d to not accept the shared guideline amount as the presumptively correct amount of child support. Specifically, this provision of the statute states as follows:
"(d) Minimum standards. Any calculation under this subdivision shall not create or reduce a support obligation to an amount which seriously impairs the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child. If the gross income of either party is equal to or less than 150 percent of the federal poverty level promulgated by the U.S. Department of Health and Human Services from time to time, then the shared custody support calculated pursuant to this subsection shall not be the presumptively correct support and the court may consider whether the sole custody support or the shared custody support is more just and appropriate."
Assuming all of the same data as above and applying it to a sole custody guideline calcuation, the basic child support gudeline amount would be approximately $390.
So, the answer to your question is that if the case went to court or through an administrative action by DCSE (which is likely to happen if the mother is receiving public assistance), the amount that the guidelines prescribe is between $320 and $390 per month. The court could also deviate from the guidelines up or down. This also does not account for a variety of other potential issues, such as imputation of income to one or both parties for voluntary unemployment or under-employment, support of other children, medical expenses for the child, etc. -- all of which could significantly change the child support calculation.
But, assuming just the basics that you have provided in your question, then yes $370 per month is in the general ball park. You may want to consult with an attorney to have the matter reviewed and have the attorney run a support worksheet based on all of the factors I've mentioned. For your reference, I have attached a link to the child support guideline statute.
This response does not create an attorney-client relationship and is intended for general information purposes only.
Child support in Virginia is determined by the Virginia child support guidelines. You can consult the DCSE website to run these for your facts. Additionally, if a parent has a child more than 90 overnight days in a calendar year, the amount of support can go down bsed on the specific number of days. A parent who is underemployed or unemployed can also have income imputed to him/her, which often increases the amount of child support that the parent would otherwise be obligated to pay. Fair is not usually a word that I find applicable in child support cases. The payor usually feels that the amount is too high and the recipient often feels tha the amount is insufficient.
While generalities can be stated, actual advice for a specific set of facts requires a full understanding of the circumstances. My statements are not intended to be adopted as advice in this case and do not create an attorney/client relationship.
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