If my 17 year old daughter comes to live with me, is her father still obligated financially to help?
Full Question:
Answer:
The following is a Virginia statute:
§ 20-124.2. Court-ordered custody and visitation arrangements.
A. In any case in which custody or visitation of minor
children is at issue, whether in a circuit or district court,
the court shall provide prompt adjudication, upon due
consideration of all the facts, of custody and visitation
arrangements, including support and maintenance for the
children, prior to other considerations arising in the matter.
The court may enter an order pending the suit as provided in
§ 20-103. The procedures for determining custody and
visitation arrangements shall insofar as practical, and
consistent with the ends of justice, preserve the dignity and
resources of family members. Mediation shall be used as an
alternative to litigation where appropriate. When mediation
is used in custody and visitation matters, the goals may
include development of a proposal addressing the child's
residential schedule and care arrangements, and how disputes
between the parents will be handled in the future.
B. In determining custody, the court shall give primary
consideration to the best interests of the child. The court
shall assure minor children of frequent and continuing contact
with both parents, when appropriate, and encourage parents to
share in the responsibilities of rearing their children. As
between the parents, there shall be no presumption or
inference of law in favor of either. The court shall give due
regard to the primacy of the parent-child relationship but may
upon a showing by clear and convincing evidence that the best
interest of the child would be served thereby award custody or
visitation to any other person with a legitimate interest. The
court may award joint custody or sole custody.
C. The court may order that support be paid for any child
of the parties. The court shall also order that support will
continue to be paid for any child over the age of 18 who is
(i) a full-time high school student, (ii) not self-supporting,
and (iii) living in the home of the party seeking or receiving
child support until such child reaches the age of 19 or
graduates from high school, whichever first occurs. The court
may also order the continuation of support for any child over
the age of 18 who is (i) severely and permanently mentally or
physically disabled, (ii) unable to live independently and
support himself, and (iii) resides in the home of the parent
seeking or receiving child support. In addition, the court may
confirm a stipulation or agreement of the parties which
extends a support obligation beyond when it would otherwise
terminate as provided by law. The court shall have no
authority to decree support of children payable by the estate
of a deceased party. The court may make such further decree as
it shall deem expedient concerning support of the minor
children, including an order that any party provide health
care coverage.
D. In any case in which custody or visitation of minor
children is at issue, whether in a circuit or district court,
the court may order an independent mental health or
psychological evaluation to assist the court in its
determination of the best interests of the child. The court
may enter such order as it deems appropriate for the payment
of the costs of the evaluation by the parties.
E. The court shall have the continuing authority and
jurisdiction to make any additional orders necessary to
effectuate and enforce any order entered pursuant to this
section or § 20-103 including the authority to punish as
contempt of court any willful failure of a party to comply
with the provisions of the order. A parent or other person
having legal custody of a child may petition the court to
enjoin and the court may enter an order to enjoin a parent of
the child from filing a petition relating to custody and
visitation of that child for any period of time up to
10 years if doing so is in the best interests of the child and
such parent has been convicted of an offense under the laws
of the Commonwealth or a substantially similar law of another
state, the United States, or any foreign jurisdiction which
constitutes (i) murder or voluntary manslaughter, or a felony
attempt, conspiracy or solicitation to commit any such
offense, if the victim of the offense was a child of the
parent, a child with whom the parent resided at the time the
offense occurred, or the other parent of the child, or (ii)
felony assault resulting in serious bodily injury, felony
bodily wounding resulting in serious bodily injury, or felony
sexual assault, if the victim of the offense was a child of
the parent or a child with whom the parent resided at the
time of the offense. When such a petition to enjoin the
filing of a petition for custody and visitation is filed, the
court shall appoint a guardian ad litem for the child
pursuant to § 16.1-266.
§ 20-108.2. Guideline for determination of child support;
quadrennial review by Child Support Guidelines Review Panel;
executive summary.
A. There shall be a rebuttable presumption in any judicial
or administrative proceeding for child support under this
title or Title 16.1 or 63.2, including cases involving split
custody or shared custody, that the amount of the award which
would result from the application of the guidelines set forth
in this section is the correct amount of child support to be
awarded. In order to rebut the presumption, the court shall
make written findings in the order as set out in § 20-108.1,
which findings may be incorporated by reference, that the
application of the guidelines would be unjust or inappropriate
in a particular case as determined by relevant evidence
pertaining to the factors set out in § 20-108.1. The
Department of Social Services shall set child support at the
amount resulting from computations using the guidelines set
out in this section pursuant to the authority granted to it
in Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 and subject
to the provisions of § 63.2-1918.
B. For purposes of application of the guideline, a basic
child support obligation shall be computed using the schedule
set out below. For combined monthly gross income amounts
falling between amounts shown in the schedule, basic child
support obligation amounts shall be extrapolated. However,
unless one of the following exemptions applies where the sole
custody child support obligation as computed pursuant to
subdivision G 1 is less than $65 per month, there shall be a
presumptive minimum child support obligation of $65 per month
payable by the payor parent. Exemptions from this presumptive
minimum monthly child support obligation shall include:
parents unable to pay child support because they lack
sufficient assets from which to pay child support and who, in
addition, are institutionalized in a psychiatric facility; are
imprisoned with no chance of parole; are medically verified to
be totally and permanently disabled with no evidence of
potential for paying child support, including recipients of
Supplemental Security Income (SSI); or are otherwise
involuntarily unable to produce income. "Number of children"
means the number of children for whom the parents share joint
legal responsibility and for whom support is being sought.
SCHEDULE OF MONTHLY BASIC CHILD SUPPORT OBLIGATIONS
COMBINED
MONTHLY
GROSS ONE TWO THREE FOUR FIVE SIX
INCOME CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
0-599 65 65 65 65 65 65
600 110 111 113 114 115 116
650 138 140 142 143 145 146
700 153 169 170 172 174 176
750 160 197 199 202 204 206
800 168 226 228 231 233 236
850 175 254 257 260 263 266
900 182 281 286 289 292 295
950 189 292 315 318 322 325
1000 196 304 344 348 351 355
1050 203 315 373 377 381 385
1100 210 326 402 406 410 415
1150 217 337 422 435 440 445
1200 225 348 436 465 470 475
1250 232 360 451 497 502 507
1300 241 373 467 526 536 542
1350 249 386 483 545 570 576
1400 257 398 499 563 605 611
1450 265 411 515 581 633 645
1500 274 426 533 602 656 680
1550 282 436 547 617 672 714
1600 289 447 560 632 689 737
1650 295 458 573 647 705 754
1700 302 468 587 662 721 772
1750 309 479 600 676 738 789
1800 315 488 612 690 752 805
1850 321 497 623 702 766 819
1900 326 506 634 714 779 834
1950 332 514 645 727 793 848
2000 338 523 655 739 806 862
2050 343 532 666 751 819 877
2100 349 540 677 763 833 891
2150 355 549 688 776 846 905
2200 360 558 699 788 860 920
2250 366 567 710 800 873 934
2300 371 575 721 812 886 948
2350 377 584 732 825 900 963
2400 383 593 743 837 913 977
2450 388 601 754 849 927 991
2500 394 610 765 862 940 1006
2550 399 619 776 874 954 1020
2600 405 627 787 886 967 1034
2650 410 635 797 897 979 1048
2700 415 643 806 908 991 1060
2750 420 651 816 919 1003 1073
2800 425 658 826 930 1015 1085
2850 430 667 836 941 1027 1098
2900 435 675 846 953 1039 1112
2950 440 683 856 964 1052 1125
3000 445 691 866 975 1064 1138
3050 450 699 876 987 1076 1152
3100 456 707 886 998 1089 1165
3150 461 715 896 1010 1101 1178
3200 466 723 906 1021 1114 1191
3250 471 732 917 1032 1126 1205
3300 476 740 927 1044 1139 1218
3350 481 748 937 1055 1151 1231
3400 486 756 947 1067 1164 1245
3450 492 764 957 1078 1176 1258
3500 497 772 967 1089 1189 1271
3550 502 780 977 1101 1201 1285
3600 507 788 987 1112 1213 1298
3650 512 797 997 1124 1226 1311
3700 518 806 1009 1137 1240 1326
3750 524 815 1020 1150 1254 1342
3800 530 824 1032 1163 1268 1357
3850 536 834 1043 1176 1283 1372
3900 542 843 1055 1189 1297 1387
3950 547 852 1066 1202 1311 1402
4000 553 861 1078 1214 1325 1417
4050 559 871 1089 1227 1339 1432
4100 565 880 1101 1240 1353 1448
4150 571 889 1112 1253 1367 1463
4200 577 898 1124 1266 1382 1478
4250 583 907 1135 1279 1396 1493
4300 589 917 1147 1292 1410 1508
4350 594 926 1158 1305 1424 1523
4400 600 935 1170 1318 1438 1538
4450 606 944 1181 1331 1452 1553
4500 612 954 1193 1344 1467 1569
4550 618 963 1204 1357 1481 1584
4600 624 972 1216 1370 1495 1599
4650 630 981 1227 1383 1509 1614
4700 635 989 1237 1395 1522 1627
4750 641 997 1247 1406 1534 1641
4800 646 1005 1257 1417 1546 1654
4850 651 1013 1267 1428 1558 1667
4900 656 1021 1277 1439 1570 1679
4950 661 1028 1286 1450 1582 1692
5000 666 1036 1295 1460 1593 1704
5050 671 1043 1305 1471 1605 1716
5100 675 1051 1314 1481 1616 1728
5150 680 1058 1323 1492 1628 1741
5200 685 1066 1333 1502 1640 1753
5250 690 1073 1342 1513 1651 1765
5300 695 1081 1351 1524 1663 1778
5350 700 1088 1361 1534 1674 1790
5400 705 1096 1370 1545 1686 1802
5450 710 1103 1379 1555 1697 1815
5500 714 1111 1389 1566 1709 1827
5550 719 1118 1398 1576 1720 1839
5600 724 1126 1407 1587 1732 1851
5650 729 1133 1417 1598 1743 1864
5700 734 1141 1426 1608 1755 1876
5750 739 1148 1435 1619 1766 1888
5800 744 1156 1445 1629 1778 1901
5850 749 1163 1454 1640 1790 1913
5900 753 1171 1463 1650 1801 1925
5950 758 1178 1473 1661 1813 1937
6000 763 1186 1482 1672 1824 1950
6050 768 1193 1491 1682 1836 1962
6100 773 1201 1501 1693 1847 1974
6150 778 1208 1510 1703 1859 1987
6200 783 1216 1519 1714 1870 1999
6250 788 1223 1529 1724 1882 2011
6300 792 1231 1538 1735 1893 2023
6350 797 1238 1547 1745 1905 2036
6400 802 1246 1557 1756 1916 2048
6450 807 1253 1566 1767 1928 2060
6500 812 1261 1575 1777 1940 2073
6550 816 1267 1583 1786 1949 2083
6600 820 1272 1590 1794 1957 2092
6650 823 1277 1597 1801 1965 2100
6700 827 1283 1604 1809 1974 2109
6750 830 1288 1610 1817 1982 2118
6800 834 1293 1617 1824 1990 2127
6850 837 1299 1624 1832 1999 2136
6900 841 1304 1631 1839 2007 2145
6950 845 1309 1637 1847 2016 2154
7000 848 1315 1644 1855 2024 2163
7050 852 1320 1651 1862 2032 2172
7100 855 1325 1658 1870 2041 2181
7150 859 1331 1665 1878 2049 2190
7200 862 1336 1671 1885 2057 2199
7250 866 1341 1678 1893 2066 2207
7300 870 1347 1685 1900 2074 2216
7350 873 1352 1692 1908 2082 2225
7400 877 1358 1698 1916 2091 2234
7450 880 1363 1705 1923 2099 2243
7500 884 1368 1712 1931 2108 2252
7550 887 1374 1719 1938 2116 2261
7600 891 1379 1725 1946 2124 2270
7650 895 1384 1732 1954 2133 2279
7700 898 1390 1739 1961 2141 2288
7750 902 1395 1746 1969 2149 2297
7800 905 1400 1753 1977 2158 2305
7850 908 1405 1758 1983 2164 2313
7900 910 1409 1764 1989 2171 2320
7950 913 1414 1770 1995 2178 2328
8000 916 1418 1776 2001 2185 2335
8050 918 1423 1781 2007 2192 2343
8100 921 1428 1787 2014 2198 2350
8150 924 1432 1793 2020 2205 2357
8200 927 1437 1799 2026 2212 2365
8250 929 1441 1804 2032 2219 2372
8300 932 1446 1810 2038 2226 2380
8350 935 1450 1816 2045 2232 2387
8400 937 1455 1822 2051 2239 2395
8450 940 1459 1827 2057 2246 2402
8500 943 1464 1833 2063 2253 2410
8550 945 1468 1839 2069 2260 2417
8600 948 1473 1845 2076 2266 2425
8650 951 1478 1850 2082 2273 2432
8700 954 1482 1856 2088 2280 2440
8750 956 1487 1862 2094 2287 2447
8800 959 1491 1868 2100 2294 2455
8850 962 1496 1873 2107 2300 2462
8900 964 1500 1879 2113 2307 2470
8950 967 1505 1885 2119 2314 2477
9000 970 1509 1891 2125 2321 2484
9050 973 1514 1896 2131 2328 2492
9100 975 1517 1901 2137 2334 2498
9150 977 1521 1905 2141 2339 2503
9200 979 1524 1909 2146 2344 2509
9250 982 1527 1914 2151 2349 2514
9300 984 1531 1918 2156 2354 2520
9350 986 1534 1922 2160 2359 2525
9400 988 1537 1926 2165 2365 2531
9450 990 1541 1930 2170 2370 2536
9500 993 1544 1935 2175 2375 2541
9550 995 1547 1939 2179 2380 2547
9600 997 1551 1943 2184 2385 2552
9650 999 1554 1947 2189 2390 2558
9700 1001 1557 1951 2194 2396 2563
9750 1003 1561 1956 2198 2401 2569
9800 1006 1564 1960 2203 2406 2574
9850 1008 1567 1964 2208 2411 2580
9900 1010 1571 1968 2213 2416 2585
9950 1012 1574 1972 2218 2421 2590
10000 1014 1577 1977 2222 2427 2596
For gross monthly income between $10,000 and $20,000, add
the amount of child support for $10,000 to the following
percentages of gross income above $10,000:
ONE TWO THREE FOUR FIVE SIX
CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
3.1% 5.1% 6.8% 7.8% 8.8% 9.5%
For gross monthly income between $20,000 and $50,000, add
the amount of child support for $20,000 to the following
percentages of gross income above $20,000:
ONE TWO THREE FOUR FIVE SIX
CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
2% 3.5% 5% 6% 6.9% 7.8%
For gross monthly income over $50,000, add the amount of
child support for $50,000 to the following percentages of
gross income above $50,000:
ONE TWO THREE FOUR FIVE SIX
CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
1% 2% 3% 4% 5% 6%
C. For purposes of this section, "gross income" means all
income from all sources, and shall include, but not be limited
to, income from salaries, wages, commissions, royalties,
bonuses, dividends, severance pay, pensions, interest, trust
income, annuities, capital gains, social security benefits
except as listed below, workers' compensation benefits,
unemployment insurance benefits, disability insurance
benefits, veterans' benefits, spousal support, rental income,
gifts, prizes or awards.
If a parent's gross income includes disability insurance
benefits, it shall also include any amounts paid to or for the
child who is the subject of the order and derived by the child
from the parent's entitlement to disability insurance
benefits. To the extent that such derivative benefits are
included in a parent's gross income, that parent shall be
entitled to a credit against his or her ongoing basic child
support obligation for any such amounts, and, if the amount of
the credit exceeds the parent's basic child support
obligations, the credit may be used to reduce arrearages.
Gross income shall be subject to deduction of reasonable
business expenses for persons with income from
self-employment, a partnership, or a closely held business.
"Gross income" shall not include:
1. Benefits from public assistance and social services
programs as defined in § 63.2-100;
2. Federal supplemental security income benefits;
3. Child support received; or
4. Income received by the payor from secondary employment
income not previously included in "gross income," where the
payor obtained the income to discharge a child support
arrearage established by a court or administrative order and
the payor is paying the arrearage pursuant to the order.
"Secondary employment income" includes but is not limited to
income from an additional job, from self-employment, or from
overtime employment. The cessation of such secondary income
upon the payment of the arrearage shall not be the basis for a
material change in circumstances upon which a modification of
child support may be based.
For purposes of this subsection: (i) spousal support
received shall be included in gross income and spousal support
paid shall be deducted from gross income when paid pursuant to
an order or written agreement and (ii) one-half of any
self-employment tax paid shall be deducted from gross income.
Where there is an existing court or administrative order or
written agreement relating to the child or children of a party
to the proceeding, who are not the child or children who are
the subject of the present proceeding, then there is a
presumption that there shall be deducted from the gross income
of the party subject to such order or written agreement, the
amount that the party is actually paying for the support of a
child or children pursuant to such order or agreement.
Where a party to the proceeding has a natural or adopted
child or children in the party's household or primary physical
custody, and the child or children are not the subject of the
present proceeding, there is a presumption that there shall be
deducted from the gross income of that party the amount as
shown on the Schedule of Monthly Basic Child Support
Obligations contained in subsection B that represents that
party's support obligation based solely on that party's income
as being the total income available for the natural or adopted
child or children in the party's household or primary physical
custody, who are not the subject of the present proceeding.
Provided, however, that the existence of a party's financial
responsibility for such a child or children shall not of
itself constitute a material change in circumstances for
modifying a previous order of child support in any
modification proceeding. Any adjustment to gross income under
this subsection 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, as determined
by the court.
In cases in which retroactive liability for support is
being determined, the court or administrative agency may use
the gross monthly income of the parties averaged over the
period of retroactivity.
D. Except for good cause shown or the agreement of the
parties, in addition to any other child support obligations
established pursuant to this section, any child support order
shall provide that the parents pay in proportion to their
gross incomes, as used for calculating the monthly support
obligation, any reasonable and necessary unreimbursed medical
or dental expenses that are in excess of $250 for any calendar
year for each child who is the subject of the obligation. The
method of payment of those expenses shall be contained in the
support order. Each parent shall pay his respective share of
expenses as those expenses are incurred. Any amount paid under
this subsection shall not be adjusted by, nor added to, the
child support calculated in accordance with subsection G. For
the purposes of this section, medical or dental expenses shall
include but not be limited to eyeglasses, prescription
medication, prosthetics, orthodontics, and mental health or
developmental disabilities services, including but not limited
to services provided by a social worker, psychologist,
psychiatrist, counselor, or therapist.
E. Any costs for healthcare coverage as defined in
§ 63.2-1900 and dental care coverage, when actually being
paid by a parent, to the extent such costs are directly
allocable to the child or children, and which are the extra
costs of covering the child or children beyond whatever
coverage the parent providing the coverage would otherwise
have, shall be added to the basic child support obligation.
F. Any child-care costs incurred on behalf of the child or
children due to employment of the custodial parent shall be
added to the basic child support obligation. Child-care costs
shall not exceed the amount required to provide quality care
from a licensed source. When requested by the noncustodial
parent, the court may require the custodial parent to present
documentation to verify the costs incurred for child care
under this subsection. Where appropriate, the court shall
consider the willingness and availability of the noncustodial
parent to provide child care personally in determining
whether child-care costs are necessary or excessive. Upon the
request of either party, and upon a showing of the tax
savings a party derives from child-care cost deductions or
credits, the court shall factor actual tax consequences into
its calculation of the child-care costs to be added to the
basic child support obligation.
G. 1. Sole custody support. The sole custody total monthly
child support obligation shall be established by adding (i)
the monthly basic child support obligation, as determined from
the schedule contained in subsection B, (ii) costs for health
care coverage to the extent allowable by subsection E, and
(iii) work-related child-care costs and taking into
consideration all the factors set forth in subsection B of
§ 20-108.1. The total monthly child support obligation shall
be divided between the parents in the same proportion as
their monthly gross incomes bear to their monthly combined
gross income. The monthly obligation of each parent shall be
computed by multiplying each parent's percentage of the
parents' monthly combined gross income by the total monthly
child support obligation.
However, the monthly obligation of the noncustodial parent
shall be reduced by the cost for health care coverage to the
extent allowable by subsection E when paid directly by the
noncustodial parent. Unreimbursed medical and dental expenses
shall be calculated and allocated in accordance with
subsection D.
2. Split custody support. In cases involving split custody,
the amount of child support to be paid shall be the difference
between the amounts owed by each parent as a noncustodial
parent, computed in accordance with subdivision 1, with the
noncustodial parent owing the larger amount paying the
difference to the other parent. Unreimbursed medical and
dental expenses shall be calculated and allocated in
accordance with subsection D.
For the purpose of this section and § 20-108.1, split
custody shall be limited to those situations where each parent
has physical custody of a child or children born of the
parents, born of either parent and adopted by the other parent
or adopted by both parents. For the purposes of calculating a
child support obligation where split custody exists, a
separate family unit exists for each parent, and child support
for that family unit shall be calculated upon the number of
children in that family unit who are born of the parents, born
of either parent and adopted by the other parent or adopted by
both parents. Where split custody exists, a parent is a
custodial parent to the children in that parent's family unit
and is a noncustodial parent to the children in the other
parent's family unit.
3. Shared custody support.
(a) Where a party has custody or visitation of a child or
children for more than 90 days of the year, as such days are
defined in subdivision G 3(c), a shared custody child support
amount based on the ratio in which the parents share the
custody and visitation of any child or children shall be
calculated in accordance with this subdivision. The
presumptive support to be paid shall be the shared custody
support amount, unless a party affirmatively shows that the
sole custody support amount calculated as provided in
subdivision G 1 is less than the shared custody support
amount. If so, the lesser amount shall be the support to be
paid. For the purposes of this subsection, the following shall
apply:
(i) Income share. "Income share" means a parent's percentage
of the combined monthly gross income of both parents. The
income share of a parent is that parent's gross income
divided by the combined gross incomes of the parties.
(ii) Custody share. "Custody share" means the number of
days that a parent has physical custody, whether by sole
custody, joint legal or joint residential custody, or
visitation, of a shared child per year divided by the number
of days in the year. The actual or anticipated "custody
share" of the parent who has or will have fewer days of
physical custody shall be calculated for a one-year period.
The "custody share" of the other parent shall be presumed to
be the number of days in the year less the number of days
calculated as the first parent's "custody share." For
purposes of this calculation, the year may begin on such date
as is determined in the discretion of the court, and the day
may begin at such time as is determined in the discretion of
the court. For purposes of this calculation, a day shall be
as defined in subdivision G 3(c).
(iii) Shared support need. "Shared support need" means the
presumptive guideline amount of needed support for the shared
child or children calculated pursuant to subsection B of this
section, for the combined gross income of the parties and the
number of shared children, multiplied by 1.4.
(iv) Sole custody support. "Sole custody support" means the
support amount determined in accordance with subdivision G 1.
(b) Support to be paid. The shared support need of the
shared child or children shall be calculated pursuant to
subdivision G 3(a) (iii). This amount shall then be
multiplied by the other parent's custody share. To that sum
for each parent shall be added the other parent's cost of
health care coverage to the extent allowable by subsection E,
plus the other parent's work-related child-care costs to the
extent allowable by subsection F. This total for each parent
shall be multiplied by that parent's income share. The support
amounts thereby calculated that each parent owes the other
shall be subtracted one from the other and the difference
shall be the shared custody support one parent owes to the
other, with the payor parent being the one whose shared
support is the larger. Unreimbursed medical and dental
expenses shall be calculated and allocated in accordance with
subsection D.
(c) Definition of a day. For the purposes of this section,
"day" means a period of 24 hours; however, where the parent
who has the fewer number of overnight periods during the year
has an overnight period with a child, but has physical custody
of the shared child for less than 24 hours during such
overnight period, there is a presumption that each parent
shall be allocated one-half of a day of custody for that
period.
(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.
(e) Support modification. When there has been an award of
child support based on the shared custody formula and one
parent consistently fails to exercise custody or visitation in
accordance with the parent's custody share upon which the
award was based, there shall be a rebuttable presumption that
the support award should be modified.
(f) In the event that the shared custody support calculation
indicates that the net support is to be paid to the parent
who would not be the parent receiving support pursuant to the
sole custody calculation, then the shared support shall be
deemed to be the lesser support.
H. The Secretary of Health and Human Resources shall ensure
that the guideline set out in this section is reviewed by
October 31, 2001, and every four years thereafter, by the
Child Support Guidelines Review Panel, consisting of
15 members comprised of four legislative members and 11
nonlegislative citizen members. Members shall be appointed as
follows: three members of the House Committee for Courts of
Justice, upon the recommendation of the chairman of such
committee, to be appointed by the Speaker of the House of
Delegates in accordance with the principles of proportional
representation contained in the Rules of the House of
Delegates; one member of the Senate Committee for Courts of
Justice, upon the recommendation of the chairman of such
committee, to be appointed by the Senate Committee on Rules;
and one representative of a juvenile and domestic relations
district court, one representative of a circuit court, one
representative of the Department of Social Services' Division
of Child Support Enforcement, three members of the Virginia
State Bar, two custodial parents, two noncustodial parents,
and one child advocate, upon the recommendation of the
Secretary of Health and Human Resources, to be appointed by
the Governor. The Panel shall determine the adequacy of the
guideline for the determination of appropriate awards for the
support of children by considering current research and data
on the cost of and expenditures necessary for rearing
children, and any other resources it deems relevant to such
review. The Panel shall report its findings to the General
Assembly as provided in the procedures of the Division of
Legislative Automated Systems for the processing of
legislative documents and reports before the General Assembly
next convenes following such review.
Legislative members shall serve terms coincident with their
terms of office. Nonlegislative citizen members shall serve at
the pleasure of the Governor. All members may be reappointed.
Appointments to fill vacancies, other than by expiration of a
term, shall be made for the unexpired terms. Vacancies shall
be filled in the same manner as the original appointments.
Legislative members shall receive such compensation as
provided in § 30-19.12, and nonlegislative citizen members
shall receive such compensation for the performance of their
duties as provided in § 2.2-2813. All members shall be
reimbursed for all reasonable and necessary expenses incurred
in the performance of their duties as provided in §§ 2.2-2813
and 2.2-2825. Funding for the costs of compensation and
expenses of the members shall be provided by the Department of
Social Services.
The Department of Social Services shall provide staff
support to the Panel. All agencies of the Commonwealth shall
provide assistance to the Panel, upon request.
The chairman of the Panel shall submit to the Governor and
the General Assembly a quadrennial executive summary of the
interim activity and work of the Panel no later than the first
day of 2006 regular session of the General Assembly and every
four years thereafter. The executive summary shall be
submitted as provided in the procedures of the Division of
Legislative Automated Systems for the processing of
legislative documents and reports and shall be posted on the
General Assembly's website.
§ 20-61. Desertion or nonsupport of wife, husband or children in
necessitous circumstances.
Any spouse who without cause deserts or willfully neglects or refuses
or fails to provide for the support and maintenance of his or her
spouse, and any parent who deserts or willfully neglects or refuses or
fails to provide for the support and maintenance of his or her child
under the age of eighteen years of age, or child of whatever age who is
crippled or otherwise incapacitated from earning a living, the spouse,
child or children being then and there in necessitous circumstances,
shall be guilty of a misdemeanor and upon conviction shall be punished by
a fine of not exceeding $500, or confinement in jail not exceeding twelve
months, or both, or on work release employment as provided in §
53.1-131 for a period of not less than ninety days nor more than twelve
months; or in lieu of the fine or confinement being imposed upon
conviction by the court or by verdict of a jury he or she may be required
by the court to suffer a forfeiture of an amount not exceeding the sum of
$1,000 and the fine or forfeiture maybe directed by the court to be paid
in whole or in part to the spouse, or to the guardian, curator, custodian
or trustee of the minor child or children, or to some discreet person or
responsible organization designated by the court to receive it. This
section shall not apply to any parent of any child of whatever age, if
the child qualifies for and is receiving aid under a federal or state
program for aid to the permanently and totally disabled; or is an adult
and meets the visual requirements for aid to the blind; and for this
purpose any state agency shall use only the financial resources of the
child of whatever age in determining eligibility.