Powell Radomsky, PLLC

How are RSUs and bonuses factored into Virginia child support?

2026-08-21T08:15:21Z

Virginia child support may include more than base salary. Restricted stock units (RSUs), bonuses and other executive compensation can count as income when the court calculates support. The main questions are when they count as income and how regularly they appear.

Gross income can include more than wages

Virginia courts look at gross income, not just take-home pay. For higher-income parents, that can include compensation outside a regular paycheck, especially when the parent receives additional financial benefits through employment. Basic rules about how Virginia child support works still apply, but executive compensation often needs closer review.

What additional compensation may count towards child support?

A support case may require the court to look closely at bonuses, stock awards, deferred compensation and profit-based pay. The harder questions often involve timing, vesting and whether the payment reflects ongoing income or a one-time event. Courts may also need to decide whether a stock-based benefit has real present value or depends on future conditions. These issues can matter when one parent argues that the reported salary does not reflect the parent’s full compensation.

Irregular pay can create child support disputes

When income changes from year to year, support may become harder to calculate fairly. A one-time payout may raise different issues than compensation the parent receives regularly as part of employment. Payroll records, stock plan documents and tax filings often shape child support disputes. A child support lawyer can determine whether a payment reflects ongoing income or a one-time event that should not drive the support number.

Can you travel abroad with your child without father’s consent?

2026-07-31T10:42:28Z

A family vacation can become stressful when the child’s father refuses to approve the trip. Even a familiar destination may raise questions about passports, border checks and parenting time. If you share custody after divorce, knowing the rules before booking flights can protect your child. It may also prevent a dispute that follows your family home.

Your parenting order controls the journey

You may need the father’s consent if your parenting plan requires it. Otherwise, the order or destination country’s rules may allow the trip without his approval. The plan may require travel dates, flight details, lodging information and advance notice. Having most residential time may not give you the final say. Even with permission to travel, you might need additional documents. International travel can still require additional documents. Some countries ask a parent traveling alone with a minor to carry a notarized consent letter or proof of sole legal custody. Those document requirements remain separate from compliance with a Washington parenting order. Intentionally keeping a child to deny the other parent legally assigned time could constitute custodial interference.

A court order may resolve disagreement

If the father withholds approval, review your parenting plan for notice, mediation or dispute-resolution terms. You may ask the family court to authorize the trip when the existing order leaves the issue unresolved. A thorough proposal should identify the destination, return date, lodging and transportation. It should also describe measures that ensure the child’s return. That preparation gives the court concrete facts about the proposed visit. The judge will consider the child’s best interests and the governing parenting plan. An attorney can explain the required procedure and present relevant records. Resolving the conflict before paying nonrefundable costs can limit financial loss and protect future parenting time.

2 ways employment changes affect divorce odds

2026-07-22T07:23:15Z

Divorce rates are often impacted by someone's employment situation. There are certain issues that can cause the odds of a divorce to go up. For example, when someone loses their job, some studies have found that their odds of divorce go up by around 74%. Even when someone is just laid off, rather than being dismissed for cause, their divorce odds still increase, although not quite as dramatically. There are many reasons why job loss affects divorce. For example, it could be a pattern of behavior where someone struggles to hold down a job repeatedly, and their spouse decides to move on from the relationship to seek a greater level of stability. Another potential issue is that job loss can create significant financial stress for the couple, which could then lead to a divorce.

A long commute

In some cases, even just taking a new job can increase the odds of divorce. For instance, when someone gets a new job that has a commute of over 45 minutes, studies find that the odds of divorce go up by about 40%. While maintaining employment can alleviate a person's financial stress, the issue with the long commute is that the couple spends less time together. This can be stressful for their personal relationship, and it can be especially difficult if they have children.

Navigating a divorce

Have you faced employment changes over the last year that have also affected your personal relationships? If you believe that you and your spouse are moving toward a divorce, be sure you know what options you have when it comes to property division, child custody rights and other critical issues.

Can unmarried parents get child support in Virginia?

2026-07-17T06:08:10Z

You may worry about your child’s financial security when you and the other parent never married. Virginia law requires both parents to support their child. However, before you receive a support order, you must establish legal parentage. A court or state agency may then set an enforceable amount.

How do you establish paternity?

If you were not married when your child was born, Virginia generally requires proof of paternity before the father must pay support. One way to resolve this is both parents signing a sworn acknowledgment of paternity. Parents often sign this form at the hospital, but it’s possible to complete it later. If either parent disputes paternity, a court or state agency could begin a case. Genetic testing often shows whether a biological link exists. After the court reviews the proof, it may issue an order that names the child’s legal father. You should establish parentage early. It creates a legal record and may help you avoid delays in getting a child support order. Keep copies of the paternity form, test results and court orders. These records could help show that you completed each step.

How is child support calculated?

Virginia uses the same child support formula for unmarried and divorced parents. The formula starts with each parent’s gross monthly income and the number of children in the case. It then assigns each parent a share based on income. Your custody plan also affects the amount. Virginia uses different calculations for sole, shared and split custody. The number of days your child spends with each parent may change the result under the shared custody formula. The court also reviews child-related costs, such as work-related child care and health insurance. A judge could change the guideline amount when the facts support a different result. Your final amount will depend on your income, custody plan and covered costs.

Why formal support matters

An informal payment plan might work for a while, but it does not carry the same force as a court or agency order. A formal order states the amount, payment dates and covered costs. When you understand the paternity process and keep clear records, you will be better prepared to manage child support and build a stable plan for your child.

Divorce rights for a stay-at-home mother

2026-07-14T12:38:14Z

When you have stayed home to raise children while your spouse earned most or all of the household income, divorce can feel financially uncertain. Still, a higher-earning spouse does not automatically control the outcome or leave you without support. Your rights may include a fair share of marital property, temporary financial support, possible long-term spousal support, child support and access to funds for basic needs. The final determination is guided by legal standards that weigh factors such as the structure of the marriage and the overall circumstances presented to the court.

1. What you may need to show

You may need records that explain your financial position and contributions to the family. Helpful documents can include:

Tax returns, pay stubs and bank statements showing household income.
Mortgage records, retirement accounts, investments, debts and major assets.
A monthly budget covering housing, food, transportation, health care and child-related costs.
Proof of your unpaid work, including childcare, household management and support for your spouse’s career.
Information about your education, employment history and ability to return to paid work.

These details help the court understand the full value of both financial and nonfinancial contributions during the marriage.

2. Starting the divorce process

You usually begin by filing a divorce petition in the proper family court. The process commonly involves:

Completing the required petition and financial disclosure forms.
Paying the filing fee or requesting a waiver if needed.
Formally serving your spouse with the documents.
Asking for temporary support, parenting orders or access to household funds.
Exchanging financial information and working toward settlement or trial.

You do not lose your rights because your spouse earns more. Careful preparation can protect your stability, your children’s needs and your share of marital property. Quietly seeking legal guidance early may help you understand the rules and carefully avoid costly decisions.

What does legal custody address?

2026-06-25T15:29:00Z

Legal custody rights, which can be divided between parents during a divorce, address how those parents should make future decisions for their child. While they are married, parents have the authority to jointly make decisions on the child's behalf. After a divorce, legal custody determines who has the right to do so moving forward. This is independent of physical custody rights, which address where the child lives. Often, parents get joint legal custody, meaning they still have to work together. But it is also possible for one parent to be given sole legal custody, even if they share physical custody, meaning that they can make independent decisions that they believe are in the child's best interests.

3 key areas

Legal custody can apply to almost any decision that has to be made, but three areas that it often addresses are education, healthcare and religion. Parents get to decide what doctor their child will see, what religion they will be brought up in or what school they will be enrolled in when they are old enough. Though shared legal custody is common, it can also lead to disputes. Parents may prefer two different schools, for example, but neither one has the legal authority to enroll the child on their own. They have to come to a compromise or reach a solution together, and that can often be difficult to do if they have very different opinions or perspectives. When these disputes arise, it is critical that divorced parents understand exactly what legal rights they have and what steps they can take to put their child's best interests first.

Can paying parents ask for an accounting of child support use?

2026-06-07T11:20:07Z

People subject to child support orders often feel stressed about their financial obligations. Fulfilling the order may leave them with very little disposable income to spend on personal needs each month. They may resent their obligations and even question whether the recipient parent uses the funds that they receive for appropriate purposes. Parents may want to ask for an accounting that shows how one parent uses the funds provided as child support. Does the state allow parents to review financial records to determine if child support orders are appropriate and if co-parents spend the funds they receive in an appropriate manner?

Micromanaging support is not an option

The state generally does not require that parents receiving child support explain how they spend those funds. They are under no financial obligation to disclose the details about their household spending habits to the parent paying support. The amount of support they receive depends on their income, the paying spouse’s income and other family details, not how they spend the support funds. In many cases, expenses associated with raising children accrue sporadically, meaning that the recipient parent might pay out of pocket for everything and then use child support funds to reimburse themselves and cover other expenses. Unless there is clear evidence of a parent failing to meet the children's needs while engaging in frivolous spending for personal benefit, the courts are unlikely to grant hearings about the misuse of child support. Typically, parents do not receive financial records outlining how child support funds help to support their children. Those who worry about the misuse of support may need guidance to explore their options. Reviewing concerns about child support with a legal professional can help parents understand their rights and obligations.

Why dividing gifts in divorce isn’t always straightforward

2026-06-03T17:41:23Z

Divorcing couples sometimes end up battling over things they didn’t realize they even cared about until it came time to decide who got to keep them. Among these are gifts they acquired throughout the marriage. When deciding who keeps an item that was a gift, the first thing to determine is whether it is marital property or the separate property of one spouse. That’s not always a clear-cut question.

Gifts given to one spouse

Typically, gifts that were intended for one spouse (for example, birthday, Mother’s Day or Father’s Day presents or gifts from close friends or family) are considered that person’s alone, and they can keep them in the divorce. If the other spouse really wants an item, they would need to give their soon-to-be ex assets of equivalent value.

What if an individual gift becomes commingled?

Some gifts intended for one person become commingled and could be considered marital property in a divorce. This can happen with highly valuable gifts that require money to maintain. For example, say that one spouse’s parent gave them a car when they graduated from medical school or had some other big accomplishment – or just because they no longer needed it. If the other spouse contributed money and time to the care and maintenance of that car and the insurance premiums were paid from a joint bank account, that spouse could make a claim that the car has become marital property and should be treated as such in property division.

What about spouses’ gifts to one another?

It’s often assumed that gifts that spouses exchanged with each other are considered the separate property of the recipient spouse. In many places, that’s true. However, Virginia law states, “Separate property is…all property acquired during the marriage by bequest, devise, descent, survivorship or gift from a source other than the other party.” (italics added) That means a spouse can potentially ask for all of their gifts back or the equivalent value of them, in divorce. Besides determining who gets commingled gifts and those exchanged during the marriage, divorcing couples also need to determine how gifts they received as a couple from others for their wedding, holidays, housewarmings, anniversaries and other occasions are divided. It’s important to be smart about these decisions and not let them be driven by anger, revenge or other emotions. Having sound legal guidance can help people make the best decisions for their future.

How much weight does a teen’s wishes carry in Virginia court?

2026-05-18T17:03:44Z

Parents of teens know they have opinions on just about everything, and they may not be shy about sharing their thoughts. During a divorce, those opinions often extend to where they want to live. Whether that wish is to stay with you or the other parent, it's crucial to weigh their input carefully. In Virginia, a child’s preference is part of the picture, but it does not decide custody on its own.

How Virginia courts view a child’s choice

Virginia courts base custody decisions on the child’s best interests. A judge considers many factors, including safety, stability, schooling and the child’s emotional needs. The court may speak to the child privately or appoint someone to look out for the child’s interests, such as a guardian ad litem or a lawyer for the child.

Still, a teen’s preference is weighed alongside several other factors. The court doesn’t accept a one‑line “I want to live with X” without context.

What makes a teen’s preference carry weight?

When weighing a teen's opinions, a judge looks for evidence of their reasoning and experience. They consider:

The teen’s age and how clearly they explain their thinking
Whether the preference has been consistent over time
Whether the teen cites safety, schooling or mental‑health reasons
Any sign the parent influenced or pressured the child
Strong community ties like school, therapy or close friends that would be disrupted

Taken together, these points help a judge decide how much weight to give the child’s view.

Practical tips for parents facing off with teens

It can certainly be painful if your teen tells you they want to live with the other parent. If they do, try to listen without responding in anger. Explain that their opinion matters, but that there is much to consider when it comes to these decisions.

Regardless of what the outcome is, focus on consistency and open communication. Refrain from badmouthing the other parent to dial the tension down. Prioritize your individual relationship with your child, wherever they may be living.

Bottom line

A teen’s preference can be important when it comes to deciding custody and visitation, but it is certainly not the only factor that matters. Knowing how Virginia courts balance a teen’s preference with their safety, stability and long‑term needs can leave you more confident about your legal standing and options.

Is “birdnesting” a better custody option?

2026-05-18T13:37:20Z

Going through a separation can feel emotional and confusing, especially when children are involved. You may want to protect your child’s routine while also adjusting to major life changes. One option some families consider is birdnesting. Birdnesting is a parenting arrangement where the children stay in the family home while the parents rotate in and out based on a custody schedule. Instead of the child moving between homes, the parents do. For some families, this setup can create stability during a difficult transition.

In the children’s best interest

Birdnesting may work well if you and your co-parent can communicate respectfully and follow clear boundaries. Since your child remains in one home, they may feel less stress from constant packing, travel or schedule changes. Younger children, especially, often benefit from staying in a familiar environment. This arrangement can also help you slowly transition into separate living situations. Some parents use birdnesting for a short period while finalizing housing plans or custody agreements. However, it’s important to note that birdnesting is not perfect for every family. Sharing a home after separation may create tension if communication is already difficult. Financially, it can also become expensive because both parents may need additional living spaces outside the family home. Before choosing birdnesting, it helps to think about:

Your ability to cooperate calmly
Household rules and schedules
Financial responsibilities
Privacy and emotional boundaries
How long will the arrangement last
How new relationships may affect the arrangement
Whether both parents can maintain consistent routines and parenting styles

Clear expectations can make the process smoother and reduce conflict over time. Every family situation is different, and what works for one household may not work for another. If you are considering birdnesting, seeking legal feedback may help you better understand parenting arrangements, property concerns and long-term planning while keeping your child’s needs at the center.