Appendix

Child Custody and Visitation, Statutory Factors (Code of Virginia § 20-124.3)

In determining the best interests of a child for purposes of determining custody or visitation arrangements, the court considers the following:

1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs
2. The age and physical and mental condition of each parent
3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, and their ability to accurately assess and meet the emotional, intellectual, and physical needs of the child
4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members
5. The role that each parent has played and will play in the future in the upbringing and care of the child
6. The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child
7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child
8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference
9. Any history of family abuse or sexual abuse. If the court finds such a history, the court may disregard the factors in 6, above.
10. Such other factors as the court deems necessary and proper to the determination

Child-Support Deviation Factors (Code of Virginia § 20-108.1.B)

In making its decision regarding child support, the court will consider the following factors:

1. Actual monetary support for other family members or former family members
2. Arrangements regarding custody of the children, including the cost of visitation travel
3. Imputed income to a party who is voluntarily unemployed or voluntarily underemployed
4. Any child-care costs incurred on behalf of the child or children due to the attendance of a custodial parent in an educational or vocational program likely to maintain or increase the party’s earning potential
5. Debts of either party arising during the marriage for the benefit of the child
6. Direct payments ordered by the court for maintaining life insurance coverage, education expenses, or other court-ordered direct payments for the benefit of the child
7. Extraordinary capital gains such as capital gains resulting from the sale of the marital abode
8. Any special needs of a child resulting from any physical, emotional, or medical condition
9. Independent financial resources of the child or children
10. Standard of living for the child or children established during the marriage
11. Earning capacity, obligations, financial resources, and special needs of each parent
12. Provisions made with regard to the marital property where said property earns income or has an income-earning potential
13. Tax consequences to the parties including claims for exemptions, child tax credit, and child-care credit for dependent children
14. A written agreement, stipulation, consent order, or decree between the parties that includes the amount of child support
15. Such other factors as are necessary to consider the equities for the parents and children

Equitable Distribution, Statutory Factors (Code of Virginia § 20-107.3(E))

In making its equitable distribution award, the court shall consider the following factors:

1. The contributions, monetary and nonmonetary, of each party to the well-being of the family
2. The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties
3. The duration of the marriage
4. The ages and physical and mental condition of the parties
5. The circumstances and factors that contributed to the dissolution of the marriage, specifically including any ground for divorce
6. How and when specific items of such marital property were acquired
7. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property that may serve as security for such debts and liabilities
8. The liquid or nonliquid character of all marital property
9. The tax consequences to each party
10. The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties
11. Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award

Spousal Support, Statutory Factors (Code of Virginia § 20-107.1(E))

In making its decision regarding spousal support, the court will consider the following factors:

1. The obligations, needs, and financial resources of the parties, including but not limited to income from all pension, profit-sharing, or retirement plans, of whatever nature
2. The standard of living established during the marriage
3. The duration of the marriage
4. The age and physical and mental condition of the parties and any special circumstances of the family
5. The extent to which the age, physical or mental condition, or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside the home
6. The contributions, monetary and nonmonetary, of each party to the well-being of the family
7. The property interests of the parties, both real and personal, tangible and intangible
8. The provisions made with regard to the marital property
9. The earning capacity, including the skills, education, and training of the parties and the present employment opportunities for persons possessing such earning capacity
10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training, and employment to obtain the skills needed to enhance his or her earning ability
11. The decisions regarding employment, career, economics, education, and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market
12. The extent to which either party has contributed to the attainment of education, training, career position, or profession of the other party
13. Such other factors, including the tax consequences to each party, and the circumstances and factors that contributed to the dissolution, specifically including any ground for divorce, as are necessary to consider the equities between the parties.

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