In this way, both parents can challenge the alleged amount set by the child custody guidelines in Virginia. Gross deductions reduce your child care obligation. For example, spousal assistance payments are deducted from your income and added to your ex`s income. Family allowances paid to another child are also deducted from your income. 1998—Saleem v. Saleem, 26 Va. App. 384Trial Court erred on the application of New York law in calculating the guideline for child assistance for the father`s modification procedure, when the parties had agreed in an endorsement to their transaction agreement that all amendments would be processed in accordance with the state law in which the children resided on that date. A contractual agreement between the parties does not give the Tribunal the power to apply a different procedure for the introduction of custody of children. The court was held, in accordance with Va.
Code 20-108.1 first determine an alleged amount of aid using Virginia`s child welfare guidelines, before considering other assistance-related factors, including an agreement from the parties. While the agreement between the parties to apply New York law to determine the amount of aid may have been considered a deviation factor in the Virginia guidelines, such an agreement did not give the court the power to review the New York guidelines until an alleged amount was first set in accordance with Virginia`s guidelines. As a general rule, a parent who does not have primary custody of a child must provide support to the parent who cares for a child all the time or most of the time. In general, child welfare orders end in Virginia when a child turns 18 or is legally emancipated. But there`s an exception. F. All child care expenses incurred on behalf of the child or child as a result of the basic parent`s employment are added to the basic child care obligation. The cost of child care must not exceed the amount required to provide quality care from a licensed source. At the request of the non-custodian parent, the court may ask the custodial parent to provide documentation to verify child care costs after this subsection. If so, the court will and makes it available to the parent who is not responsible for personally taking over child care to determine whether child care costs are necessary or excessive. At the request of one of the parties and after the appearance of the tax savings that a party derives from deductions or credits, the court takes into account the actual tax consequences in its calculation of child care costs that must be added to the basic protection obligation.