Can a judge calculate child support from non-custodial parent using last year’s W-2 instead of the current year to date income from the same employer?

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Can a judge calculate child support from non-custodial parent using last year’s W-2 instead of the current year to date income from the same employer?

Also, how is it possible for a judge to use income tax reimbursement as additional income for that year while it was a child tax credit?

Asked on December 2, 2012 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country the court reviews the current monthly expense and income declaration to arrive at the net monthly income of each parent and then applies the local county guidelines in place where the action is venued to arrive at the monthly amount of child support accessed to a particular person. The above is how child support is to be calculated.


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