2014 Family Law Section Spousal Support Guidelines Survey

Temporary Spousal Support Awards in the Circuit Court (§20-103 awards)


 AlwaysFrequentlySometimesRarelyNeverNo Opinion
In evaluating temporary spousal support, I use spousal support guidelines
 
 
 
 
 
 
In negotiating temporary spousal support claims, either my adversary or I refer to spousal support guidelines
 
 
 
 
 
 
In helping clients develop a better understanding of what they may expect in temporary spousal support awards, I review spousal support guidelines in my office with clients
 
 
 
 
 
 
Either my adversary or I use the spousal support guidelines to facilitate settlement of temporary spousal support awards
 
 
 
 
 
 

 YesNo
Would a more consistent approach to the calculation of the amount of temporary spousal support obligations - based on quantifiable factors - be of benefit in the development of separation agreements?
 
 
Should localities be permitted to decide whether to use spousal support guidelines in the determination of temporary spousal support awards
 
 
Do Circuit Court judges before whom you practice currently consider spousal support guidelines as a factor in temporary support proceedings
 
 
Do Circuit Court judges before whom you practice currently allow spousal support guidelines to be referenced during argument in temporary support proceedings
 
 
If there were to be changes to statutory provisions addressing temporary spousal support awards in the Circuit Court, spousal support guidelines:
 should be an enumerated factor to be considered with other factors
 should be presumptively correct with specifically enumerated deviation factors
 should be presumptively correct without deviation factors being enumerated
 no opinion
Which spousal support guidelines are most commonly used in the courts in which you practice?
 Fairfax
 Richmond
 Harrisonburg
 9th Circuit
 Other
 Not applicable

Spousal Support Awards in the Juvenile Court


 Basically fairFavorable to obligeeFavorable to obligorNo opinion
How do you perceive Juvenile Court spousal support guidelines?
 
 
 
 
How do your clients perceive Juvenile Court spousal support guidelines?
 
 
 
 

 AlwaysFrequentlySometimesRarelyNeverNo Opinion
With what frequency have you observed Juvenile Court judges deviate from spousal support guidelines?
 
 
 
 
 
 

Permanent Spousal Support Awards (§20-107.1 awards)


 AlwaysFrequentlySometimesRarelyNeverNo Opinion
In evaluating permanent spousal support claims, how often do you consult spousal support guidelines?
 
 
 
 
 
 
In negotiating permanent spousal support claims, how often do either you or your adversary refer to spousal support guidelines?
 
 
 
 
 
 
In helping clients develop a better understanding of what they may expect in a permanent spousal support award, how often do you review spousal support guidelines in your office with clients?
 
 
 
 
 
 
Have you found in your practice that guidelines are a useful tool in facilitating settlement of permanent spousal support awards?
 
 
 
 
 
 

 YesNo
Would a more consistent approach to the calculation of the amount of permanent spousal support obligations - based on quantifiable factors - be of benefit in the development of separation agreements?
 
 
Should localities be permitted to decide whether to use spousal support guidelines in the determination the amount of permanent spousal support awards?
 
 

Duration

If there were to be changes to statutory provisions addressing permanent spousal support awards, would guidelines addressing the duration of spousal support awards serve as a useful tool in facilitating settlement of permanent spousal support awards?
 They should not be utilized
 They should be a factor to be considered with other factors
 They should be presumptively correct without deviation factors being enumerated
 They should be presumptively correct with specifically enumerated deviation factors
 No Opinion

 YesNo
Should localities be permitted to decide whether to use guidelines addressing the duration of permanent spousal support awards?
 
 

Demographics

In which Judicial Circuit(s) do you practice most frequently?
 

 Less than 25%25% - 75%Greater than 75%
Approximately what percentage of your practice is devoted to family law?
 
 
 

 Less than 5 years5 years - 15 yearsMore than 15 years
How many years have you been in practice?
 
 
 

Conclusion

Please provide comments regarding the concept of spousal support guidelines in the Commonwealth.