Child Custody and Spousal Support Attorney
in Roanoke, VA
Trust Wilson C. Pasley, PLC Attorney at Law to Uphold Custodial Rights
Are you in need of a child custody and spousal support attorney in Roanoke, VA? Contact Wilson C. Pasley, PLC Attorney at Law today. Our firm dedicates its family law efforts to assist divorcing spouses with children.
Attorney Pasley helps couples seek the best interests of the children to ensure that custody and support matters remain fair. With our firm divorcing parents receive reliable advice along with a strong advocate to stand in your corner. Call (540) 266-1545 or contact us online for a consultation on child custody today.
Child Custody and Visitation Matters in Virginia
Many divorcing parents struggle with custody disputes, contesting what is best for the children. Creating a workable custody and visitation plan depends upon the unique circumstances of each case. Your children and their well-being are extremely important to you. This is probably why child custody remains such a significant issue in any divorce proceeding.
Wilson C. Pasley, PLC Attorney at Law can help. Call us when you find yourself involved in an emotional custody, visitation or child support dispute. It is important to have legal representation equipped to advocate for you.
Our attorney provides the court with an understanding of your situation and all you hope to provide for your children. No matter the circumstances, we work tirelessly to protect both your parental rights and your children’s welfare.
How Does the Court Determine Child Custody in Virginia?
The primary concern in any child custody or visitation dispute is the child’s best interests. When making this determination, a court examines several factors, including:
The relationship between the child and each parent, focusing on each parent’s involvement in the child’s life and his or her ability to meet the child’s emotional and physical needs
The child’s preference if he or she is mature enough to express a preference
The role each parent plays in the child’s care and upbringing
The child’s needs and important relationships
The child’s age and mental and physical condition
The age as well as the mental and physical condition of each parent
The ability and willingness of each parent to support the child’s relationship with the other parent. This includes each parent’s desire to maintain his or her own close relationship with the child
Any history of domestic abuse
The court may award sole custody to one parent or joint custody to both. Typically, it makes every effort to help ensure that a child has continuing and frequent contact with both parents.
In awarding joint custody, remember that that there are two distinct parts: joint legal custody and joint physical custody. As their names imply, joint legal custody means both parents have the right to make important decisions regarding the child. Joint physical custody means parents share physical care of the child. In Virginia, courts can award any combination of joint physical or legal custody, so long as it is in the child’s best interest.
Attorney for Child Support and Spousal Support in Roanoke, VA
Experienced Roanoke firm Wilson C. Pasley, PLC Attorney at Law can help with both child support and spousal support. During a divorce in Virginia, parties may agree to, or the court may order, payment of many kinds of support. This includes child support and spousal support, otherwise known as alimony.
Child support provides for the needs of the children, while spousal support provides financial support to a lower-earning spouse. It may come as no surprise that the court may calculate these two types of support differently. Working with an attorney can help uphold rights to child and spousal support in many instances.
Virginia’s Child Support Guidelines
Virginia law requires both parents to support their children. When parents initiate divorce proceedings, or if they were never married, it may order child support payments. In most cases, predetermined guidelines exist for child support in Virginia.
Parental income goes into a mathematical formula to calculate support obligations. In most circumstances, the court orders the noncustodial parent to pay his or her fair share to the custodial parent. (It already assumes that the custodial parent is paying their share because they have primary custody of the child.)
In cases of shared or split custody, the court may adjust child support obligations. The idea is that you must each pay your fair share. In certain circumstances, it is possible to modify child support in Virginia when one parent is voluntarily unemployed or underemployed.
How to Calculate Spousal Support in Virginia
Although there is a formula for child support, calculating spousal support can vary greatly depending on the situation. Many variables may come into play. In cases where a spouse commits adultery, this may not entitle them to spousal support. Other factors a court may consider when determining the amount and duration of spousal support include:
- The standard of living the spouses enjoyed while married
- The number of years the spouses were married
- The needs, responsibilities and financial resources of both spouses, taking into account pensions, retirement plans and property interests
- The earning capacity of both spouses, taking into account each one’s education and skills
- The ages as well as the physical and mental conditions of both spouses
- The contributions of both spouses to the well-being of the family, both monetary and nonmonetary
- The extent to which one spouse may contribute to the education, training or career of the other spouse
The court may order spousal support payments for varying periods of time. Payments will always end when the recipient remarries or either party dies.
Family Law Matters in Roanoke and Southwestern Virginia
Obtain legal guidance on family law matters from Wilson C. Pasley, PLC Attorney at Law. As an experienced family law attorney in Roanoke we offer sound legal counsel. In addition to child support and spousal support, you can also speak with Attorney Pasley about divorce, adoption and paternity situations. Call us today for an experienced child custody and spousal support attorney in Roanoke, VA.
