Summary
In Virginia family law, a pendente lite hearing addresses temporary issues like child custody, support, and spousal support while a case is pending. Spousal support is determined by factors such as marriage duration, age, health, financial needs, and contributions. Temporary spousal support is estimated using a guideline formula: 26% of the payors income minus 58% of the payees income with child support, and 30% minus 50% without. With child support means it will be established during the hearing.Full Conversation
what is the virginia guidance recommendations for spousal support
Hi! It seems like you're asking about spousal support guidelines in Virginia. However, since you're located in New York, can you provide more details about your specific situation or question regarding spousal support in New York? This way, I can give you the most relevant information.
I am in virginia.
Thank you for the clarification. In Virginia, spousal support is determined by several factors. Here are some key considerations:
- Duration of the marriage
- Age and health of both parties
- Financial needs and resources of each party
- Standard of living during the marriage
- Contributions to the family (monetary and non-monetary)
Is there a specific aspect of spousal support you need more information on?
Is there a calculation that the court uses to set a starting estimate for spousal support in virginia ?
Yes, in Virginia, courts often use a guideline formula to estimate temporary spousal support. The formula for temporary spousal support (pendente lite) is:
- For cases with child support: *% of payor’s income minus *% of payee’s income.
- For cases without child support: *% of payor’s income minus *% of payee’s income.
Would you like more details on how this calculation is applied?
yes please
Certainly! Here’s a more detailed explanation of how Virginia courts estimate temporary spousal support using the guideline formula:
- **With Child Support:**
- Calculate *% of the payor’s gross income.
- Subtract *% of the payee’s gross income from the above amount.
- **Without Child Support:**
- Calculate *% of the payor’s gross income.
- Subtract *% of the payee’s gross income from the above amount.
Would you like to know how the court considers other factors in these calculations?
when you say with child support, does that mean that child support is already being paid prior to the pendente lite hearing, or that child support will also be established in the same hearing?
In Virginia, "with child support" means that child support will be considered and established during the same pendente lite hearing, even if it is not already being paid prior to the hearing.
Is there anything else you need clarification on regarding the pendente lite hearing?