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  1. #1
    jaa4d Guest

    general child support question

    What is the name of your state? VA

    I've been looking at various VA child support calculators to see approximately what I should be receiving, rather than what I actually get. We are in the process of getting custody and child support established. It has been based on a verbal agreement up until now.

    My question is this. As the unofficial CP I have always carried medical insurance on our daughter. My ex, the unofficial NCP, never carried her until he had to carry his wife and their child on his insurance. Now that he has a family policy anyway, he has decided to carry her on his policy as a secondary person. How does that factor into child support calculations.

    From what I gather from other sites, these calculators ask how much each of us pays in insurance. Does it matter that he would pay the same whether or not she were on his policy? Does he get to claim the full amount in his child support calculations?

    Also, another question. Does the number of children that he has in his house (new wife's kids or kids from their marriage) factor into the calculations?
    Last edited by jaa4d; 09-15-2003 at 11:47 AM.
  2. #2
    Lil Miss Smarty Panties Guest
    1. He won't be able to claim the entire amount of the family coverage. He *may* be able to claim a percertage of the premium he pays.

    2. He can't claim his step children as a deduction to his child support obligation but most likely he can claim his subsequent, natural children.
  3. #3
    jaa4d Guest
    Thank you so much for your reply. I kind of figured that he may be able to claim a portion of it, but didn't know for certain. As for the step children, I truely didn't know how they factored into it. He has 2 subsequent children and I have 1. However, he has 3 step children as well. There are just so many kids, that I didn't know how much weight they were given.

    Again, thank you for you reply.
  4. #4
    Boxcarbill Guest

    Re: general child support question

    Originally posted by jaa4d
    What is the name of your state? VA


    From what I gather from other sites, these calculators ask how much each of us pays in insurance. Does it matter that he would pay the same whether or not she were on his policy? Does he get to claim the full amount in his child support calculations?


    Also, another question. Does the number of children that he has in his house (new wife's kids or kids from their marriage) factor into the calculations?

    My response: Here is a part and I will provide you with the link from which this taken so that you can read as much as you would like on the subject: [url]http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-108.2[/url]

    20-108.2. Guideline for determination of child support; triennial review by Child Support Guidelines Review Panel; executive summary.

    . . . .

    (c) . . . .

    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. Any extraordinary medical and dental expenses for treatment of the child or children shall be added to the basic child support obligation. For purposes of this section, extraordinary medical and dental expenses are uninsured expenses in excess of $100 for a single illness or condition and shall include but not be limited to eyeglasses, prescription medication, prostheses, and mental health services whether provided by a social worker, psychologist, psychiatrist, or counselor.

    E. Any costs for health care 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.
  5. #5
    jaa4d Guest
    Boxcarbill,

    Thank you for the link. That was very helpful.

    Now let me see if I got this right. If the 3 stepchildren are considered to have primary residence in my ex's household, then his gross inome will be adjusted appropriately for those kids. Does it matter if his new wife receives child support from her ex to help support those 3 children? Does the fact that she receives child support nullify the adjustment to my ex's gross income? Or does it depend on how much she receives?

    Or am I completely off base with my interpretation?
  6. #6
    nextwife is offline Senior Member
    Join Date
    Jan 2003
    Posts
    24,363
    HIS biological children. Hers by another father are presumed to be the responsibilty of their biodad.
  7. #7
    jaa4d Guest
    When it stated above that ...

    "Where a party to the proceeding has a natural or adopted child or children in the party's household or primary physical custody", I assumed that the children in the party's household was referring to the stepchildren.

    If that isn't the case, then he has 2 natural children (other than our daughter) and I have 1 natural child (other than our daughter).

    Did I get it right that time?

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