Child Support Lawyer
What is Child Support?
Child support is a monetary payment for the benefit of the child/children. The payments are made by one parent to the parent who has physical custody of the child and payments are usually made once a month or split into two payments per month.
Who pays for Child Support?
Parents must support their minor children, including adopted and stepparent adopted children, and children conceived through the use of assisted reproduction. Normally, step-children and grandchildren are not included.
The courts in Virginia follow the Virginia Uniform Child Support Guidelines in determining the presumptive amount of child support to order. However, the Virginia Code lists a number of factors that can lead to a deviation so that the court ordered amount of child support may be less or more than the amount provided by the Guidelines. A factual and legal analysis must be made for each case.
How do Courts analyze certain factors under the Virginia child support laws?
A parent’s duty is to support his/her minor child/children.
Both parents are jointly responsible for the support of their child/children.
Each parent’s income and share of responsibility for the child/children is taken into account. Other dependent children of the parent should also be taken into account.
Expenses associated with providing work-related daycare and health insurance for the child are factored in.
Other expenses such as travel expenses associated with visitation, extraordinary medical expenses for the child can cause a deviation from Guidelines.
When both parents share custody of the child/children, the calculation of child support takes into account the time that the child is in each parent's custodial care.
Parents do not need to follow the guideline amount if they can reach an agreement. Their agreement can reflect a different amount than the one arrived at by using the approved calculations. They can also agree to provide child support for a child who older than 18 years of age.
How do you modify Child Support Payments?
A parent seeking to modify payments must show a change of circumstances, such as an involuntary pay decrease, loss of employment, illness etc.
When does Child Support ends?
Pursuant to the Virginia child support laws, child support ends when the child marries, either the parent or child dies, the child is emancipated, when the child reaches 18 years of age and is not enrolled as a full-time high school student or, if the child is 18 and still in high school then when the child reaches 19 years of age or graduates from high school, whichever first occurs.
We can help you with your child support case, call us for a consultation with a child support attorney at (757) 271-3279 or send us an e-mail.
For additional information please visit, www.dss.virginia.gov/family/dcse.html and