16.1-278.17:1 - Formula for determination of pendente lite spousal support. - Virginia Statutes

§ 16.1-278.17:1. Formula for determination of pendente lite spousal support.

A. There shall be a presumption in any judicial proceeding for pendente litespousal support and maintenance under this title that the amount of the awardthat would result from the application of the formula set forth in thissection is the correct amount of spousal support to be awarded. The court maydeviate from the presumptive amount as provided in subsection D.

B. If the court is determining both an award of pendente lite spousal supportand maintenance and an award of child support, the court shall first make adetermination of the amount of the award of pendente lite spousal support, ifany, owed by one party to the other under this section.

C. If the parties have minor children in common, the presumptive amount of anaward of pendente lite spousal support and maintenance shall be thedifference between 28% of the payor spouse's monthly gross income and 58% ofthe payee spouse's monthly gross income. If the parties have no minorchildren in common, the presumptive amount of the award shall be thedifference between 30% of the payor spouse's monthly gross income and 50% ofthe payee spouse's monthly gross income. For the purposes of this section,monthly gross income shall have the same meaning as it does in section §20-108.2, as amended.

D. The court may deviate from the presumptive amount for good cause shown,including any relevant evidence relating to the parties' current financialcircumstances that indicates the presumptive amount is inappropriate.

E. The formula set forth in this section shall only apply to cases where theparties' combined monthly gross income does not exceed $10,000.

(2007, c. 909.)