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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am in Virginia. I have left my husband. We are trying to

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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 4 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.

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