How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I am in Virginia. I have left my husband. We are trying to

This answer was rated:

I am in Virginia. I have left my husband. We are trying to negotiate an agreement. I assume we will end up with joint custody of the kids. Does it affect my Child Support payments, how many nights they are with me or their father?

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, the percentage of physical custody most definitely affects support. The fact that you left, however, is a non-issue for child custody matters unless you abandoned the the children and did not keep in touch for 12 months or longer. If he is claiming that you leaving affects support and custody, then that is simply not the case, and something you do not really to worry about in this case.

Good luck

Customer: replied 3 years ago.

Thank you. The only reason I asked is that all the online calculators, specific to VA law, make no mention of the amount of time that the children spend with each parent, just how much each parent earns?


Calculators take both factors into court--the split of custody and the earnings and wages for both parties. The courts will most definitely consider the custodial split as part of their ultimate calculation for the custodial obligation for each party as well as each party's financial obligation as well.

Hope that helps.

Dimitry K., Esq. and 8 other Family Law Specialists are ready to help you