How does spousal support change when the couple has children?

When a couple has children, spousal support in Virginia can change significantly. In Virginia, spousal support is based on the length of the marriage, the financial resources of both spouses, and the contributions of both spouses to the marriage. In addition, spousal support considerations can change if the couple has children. If the couple has children, the court generally awards spousal support with the primary goal of assisting the custodial parent to support the children. This means that the court may weigh the financial needs of the children more heavily than the primary bread-winner’s financial needs. Additionally, the court may delay any award of spousal support until the children reach the age of majority. While spousal support may be awarded for a certain period of time prior to the age of majority, the award is subject to a review at the end of that period. In some cases, the court may even require the primary breadwinner to pay for the children’s day-to-day expenses, in addition to spousal support payments. Most importantly, spousal support in Virginia cannot exceed the needs of both parties and the reasonable requirements of the children. In other words, the primary breadwinner’s financial resources must be considered with regard to the amount and duration of the award. Ultimately, the court determines spousal support on a case-by-case basis and takes the couple’s children into consideration when making a decision.

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