Seeking Support For You And Your Child
Last updated on August 20, 2026
After a divorce or separation, your financial situation may be a precarious one. You may have been out of work and lack the necessary skills to rejoin the workforce right away, leaving you unable to support yourself without help from your ex-spouse.
Your child may have a similar situation. Even though their other parent may not be in the picture anymore, this doesn’t mean they don’t need financial assistance to meet their basic needs.
In the end, financial support is needed from the ex-spouse or other parent. But getting them to willingly agree to an obligation may not be possible in every case.
Making A Request After A Contested Divorce
It can be particularly challenging to make an alimony or spousal support request after a contested divorce because of heightened emotions and contentious feelings. But at Sevila, Saunders, Huddleston & White, our attorneys are skilled mediators who use their skill and knowledge to resolve matters quickly and effectively.
Even though Virginia is a no-fault state for divorce, we make sure all applicable factors – including length of marriage, reasons behind the dissolution of the marriage, and your spouse’s earning potential – are taken into consideration to ensure a fair alimony order.
How Virginia Law Governs Spousal Support (Alimony)
Under Virginia Code § 20-107.1, courts have broad discretion when deciding whether to award spousal support and in what amount. There is no fixed formula. Instead, a judge weighs a combination of factors to reach an equitable outcome for both parties.
Those factors include:
- The financial resources and obligations of each spouse, including income from pensions and retirement plans
- The standard of living established during the marriage
- The duration of the marriage
- The age and physical and mental condition of both parties
- Each spouse’s earning capacity, education level and current employment opportunities
- Contributions each spouse made to the family, both financial and nonfinancial
- Career and parenting decisions made during the marriage and their long-term effect on earning potential
- The tax consequences to each party
Because no single factor carries a fixed weight, outcomes can differ significantly from case to case. For example, a Virginia appeals court once upheld a lifetime alimony award after a nearly 40-year marriage where the receiving spouse had left the workforce to raise children and faced limited prospects for reemployment.
The court may also weigh fault when determining spousal support. Under state laws, adultery can bar a spouse from receiving support, with only a narrow exception. Our family law attorneys can help you understand how fault, as well as the above factors, may affect your case.
Types Of Spousal Support Awards In Virginia
Virginia courts have several options when structuring spousal support. A court may award:
- Periodic payments for a set number of years
- Ongoing payments with no set end date
- A one-time lump sum payment
- A reserved right to seek future support, typically for up to half the duration of the marriage
Support ends when either party dies, when the recipient remarries or when the recipient lives with a partner in a marriage-like arrangement for a year or more.
Issues Facing Unmarried Parents
When an unmarried father denies a paternal link to his child, he is also denying needed financial support. In situations concerning unmarried parents, our lawyers work with clients and judges to secure court orders for DNA testing in order to establish paternity. At our firm, we put the child’s needs and best interests first, securing fair and needed child support for as long as necessary. We are also adept at helping parents of children with special needs establish trusts and create plans for ongoing support.
How Child Support Is Calculated In Virginia
Virginia applies the income shares model to determine child support. Under this model, children should receive the same share of their parents’ income they would have received if the family had stayed together.
Courts consider both parents’ gross incomes alongside additional factors, including:
- The number of children
- Each parent’s custody arrangement and number of overnight stays
- Childcare and health insurance costs
- Any special needs the child may have
Support typically continues until the child turns 18. It may extend to age 19 if the child is still a full-time high school student and not self-supporting. Failing to pay child support can result in wage garnishment, license suspension and other serious consequences. Either parent may request a modification if there has been a substantial and permanent change in circumstances.
Talk To An Attorney From Our Firm
Taking on any family law issue can be a challenge. It’s something we know all too well here at Sevila, Saunders, Huddleston & White. But with the help of our attorneys, you can face these challenges with confidence, knowing full well you have decades of experience and genuine support in your corner at all times.
Talk to any of our family law attorneys: Craig E. White, Benjamin Fitzgerald, R. Penn Bain and Heather S. Miller.
To schedule an initial consultation or retain our services, contact our office located in Leesburg near the Loudoun County Circuit Court by calling 703-468-0432 or by filling out our online contact form.