When you are going through a divorce, you want to know that you will be okay and that your children will be okay. One of the most concerning issues for most clients is financial support. Whether you need spousal support or child support — or both — Justin Raber Attorney at Law can work with you to address your financial concerns.
The Factors Addressed In Determining Child Support
Child support is awarded to a parent after a custody and visitation determination has been made, whether temporary or permanent. The idea behind child support is an acknowledgment that parents are obligated to financially support their children with their basic needs such as housing, food and other basic necessities. Above and beyond basic necessities, additional issues that are related to child support may include extracurricular activities or school fees and tuition.
In West Virginia, the courts use a statutory formula for determining child support. Factors that are considered include the number of children, parties’ income, other child support obligations, spousal support and day care costs. Getting the advice from an attorney to help you work through these factors is critical to making sure you receive or pay an appropriate amount of child support. For example, income from self-employed individuals or business owners can be complex and vary significantly depending on your perspective.
How Spousal Support Is Determined
In a divorce proceeding, one of the most concerning issues is spousal support, also known as alimony. Both parties — whether the spouse requesting support or the spouse paying support — wants to know that they will be able to support themselves after the divorce. Many factors also play into the two-part test to determine spousal maintenance.
Some of the factors considered include the length of the marriage, the time out of the workforce, property division, ability to become self-supporting, ability to pay, disability, contribution to the marital estate and standard of living among others. Spousal support is not determined as part of a formula and therefore having an experienced family lawyer is important to pursuing a just outcome.