U.S. Capital

Family Law Attorney Lisa McDevitt: House of Delegates Measure Would Raise Minimum Child Support Obligations

Feb 6, 2014

Fairfax, VA (Law Firm Newswire) February 6, 2014 – A new bill in Virginia would institute a new, costlier child-support payment schedule.

The new year could see a significant increase in Virginia’s child-support payment guidelines if a bill, introduced January 8 in the House of Delegates, becomes law. The measure has some policy advocates grousing that unmerited costs will be imposed upon non-custodial parents if it is enacted.

The bill, HR 933, was crafted based on recommendations from the Child Support Guidelines Review Panel and would raise the basic child-support obligations of non-custodial parents. The amounts mandated by its new schedule would then be adjusted by statutory additions to arrive at the total obligation a non-custodial parent would face.

However, should the obligated parent’s income be equal to or less that 150 percent of the federal poverty level — as spelled out by the federal Department of Health and Human Services — then a court, at its discretion, may determine that the child-support obligation can fall below the statutory minimum, as long as that amount does not seriously impair the custodial parent’s ability to provide minimal adequate housing and other basic necessities for a child.

“The room for flexibility within the measure reflects the reality in Virginia that every child-support case has its own potential for mitigating factors,” said Lisa McDevitt, an attorney in Vienna and Fairfax who specializes in family law and divorce cases. “Each case is unique.”

Some conservative policy advocates assert that the costlier child-support schedule could spur many financially burdened non-custodial parents to decide not to pay. And a major sticking point for many is that the increased child-support schedule is accompanied by no financial offset for non-custodial parents for the $1,000 per child refundable tax credit, the personal exemption from tax attributable to a child and the earned-income tax credit that custodial parents may claim.

According to McDevitt, a skilled lawyer is necessary to determine what expenses are covered under Virginia law, regardless of whether this bill eventually becomes law. “A monetary value for all legitimate costs under the law that the custodial parent incurs must be carefully calculated in order to ensure the well-being of a child at the center of a divorce or separation,” McDevitt said.

Learn more at http://www.mcdevittlaw.net

Lisa Lane McDevitt
2155 Bonaventure Drive
Vienna, VA 22181
Phone: 571-223-7642
Toll Free: 866-602-7850
http://www.mcdevittlaw.net/

  • The Role of Executor of an Estate May Call for an Attorney’s Help
    It is usually considered an honor to be asked to assume the role of the executor of an estate for a relative or friend. Still, the challenges of the position, particularly those of more complex estate situations, can sometimes overwhelm an executor. In such circumstances, the services of an experienced attorney can provide excellent support. […]
  • Spouses with Fondness for Online Flirting May Rue Act If Marriage Ends in Divorce
    A famous purveyor of gemstones and the author of the James Bond spy novels would remind us that diamonds are forever, and that is as romantic a thought as it is geologically accurate. However, for couples whose romance is on the rocks, it is probably wise to remember that web postings are forever as well. […]
  • Document Health Care Wishes With an Advance Medical Directive
    Many people have specific wishes about the actions they want taken (or not taken) in a medical crisis. However, during a crisis, you may be incapacitated and unable to make such decisions. To ensure your wishes will be obeyed, it is important to document them in an advance medical directive. An advance medical directive, also […]