Would I get spousal support if my husband won child custody?
Question Details:
I have concern with getting custody of my children because I do not have a job and could not afford to pay to support them. I need to get an education so I am considering moving on campus for 2 years and either granting my husband custody or requesting my son be in a boarding school for the time that I live on campus. Can I request that he pay for boarding school for the best interest of my son? Will this affect my getting custody later? And would I get any spousal support to pay for my expenses during this time if he has custody?
Hello. My name is Natasha Goodarzian and I am a Virginia attorney. Your question is a very complex one. If you live in Northern Virginia, I suggest you contact me so that we can discuss this matter further. I work with another firm that has nearly 30 years experience in family law. They may be able to help you. I agree with the previous attorney who posted a response in the fact that you need to seek legal help immediately.
You can check out my web site for my contact information, if you wish: www.natashalawfirm.com
I certainly hope that you have an attorney during this time. You should always be very careful as to what rights you give up and how that will effect the situation later on.
In determining custody, Virginia courts give primary consideration to the best interests of the child. The court assures minor children of frequent and continuing contact with both parents, when appropriate, and encourages parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either, and the court may award joint custody or sole custody.
Virginia uses the "Income Shares" model as the base for determining child support. This method bases the level of support on the combined income of both parents. There shall be a rebuttable presumption in any judicial or administrative proceeding for child support, including cases involving split custody or shared custody, that the amount of the award which would result from the application of the guidelines is the correct amount of child support to be awarded. In any proceeding on the issue of determining child support, the court shall have the authority to order a party to provide health care coverage for dependent children if reasonable under all the circumstances and health care coverage for a spouse or former spouse. In any proceeding on the issue of determining child support, the court shall have the authority to order a party to:
- Maintain any existing life insurance policy on the life of either party provided the party so ordered has the right to designate a beneficiary.
- Designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party so ordered has a statutory obligation to pay child support for the child or children.
[Based on Code of Virginia, Title 20, Section 20-108.1]
Spousal support is also available in Virginia, although a finding of adultery can effect your receipt. You can agree to it of the court can order it. There is something known as "rehabilitative support" that could be awarded to help you with school. I urge you: seek legal help.
