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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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How do you calculate child support in if the grandparents

Customer Question

How do you calculate child support in Virginia if the grandparents have custody and both parents need to pay?
Submitted: 4 months ago.
Category: Family Law
Expert:  P. Simmons replied 4 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Did the court award custody to the grandparents? And not award support??

Customer: replied 4 months ago.
Originally the court awarded custody and support to my Ex-wife. In November my ex-wife parents and myself decided to take custody from my ex and give it to her parents, due to my ex abandoning my children and me traveling for work. But are trying to figure out how now to calculate child support from both parents and without needing to hire an attorney.
Expert:  P. Simmons replied 4 months ago.

Thanks...but is the court involved? That is, you say

my ex-wife parents and myself decided to take custody from my ex and give it to her parents,

What does that mean?

Is the court going to order guardianship?

Customer: replied 4 months ago.
The court has already awarded custody to her parents. I then petitioned the court to award the child support that i was paying to my ex to her parents. now we are trying to get her to pay and add another child that was conceived and born after the divorce.
Expert:  P. Simmons replied 4 months ago.

So you want to know if you can petition the court to add support for this child? Is that the case?

Customer: replied 4 months ago.
the means to calculate the what is to be provided for by both parents.
Expert:  P. Simmons replied 4 months ago. are you asking if you need to perform the calculation?

Customer: replied 4 months ago.
we have already drawn up the paperwork to submit to the court, but we are unsure if we are calculate support using the shared support form, the sole support form, or another form?
Expert:  P. Simmons replied 4 months ago.

Thanks. THat is helpful

I am going to opt out to allow another expert to assist. No need to respond...if another expert can answer this they will respond here

Expert:  Samuel II replied 4 months ago.

Hello Ben

This is Samuel. You will still be sharing support for your children. And in that regard, the basis is your perspective incomes and how much you each contribute to the support. It will be calculated much the same way as if you two shared custody. The only difference is the child does not live with either parent.

To set the amount of the child support order, Virginia uses the Child Support Guidelines approved by the Virginia General Assembly. Virginia’s guidelines take into consideration such factors as the needs of the child and each parent’s income. The guidelines are available at all public libraries, at child support offices throughout the Commonwealth, and on the DCSE website. The actual amount of the order will ultimately depend on the individual circumstances of your case. Important factors that may affect the order include work-related child care expenses, child health care premiums, and other children for whom either parent is legally responsible. Only the incomes of the legal parents are considered and not incomes of current spouses.

Expert:  Samuel II replied 4 months ago.

And so even though you are not in custody of the children, the shared form will be used for calculating purposes.