FAIRFAX CHILD SUPPORT ATTORNEY

Virginia child support is calculated based on the Virginia child support guidelines 20-108.2. As a Fairfax child support attorney, I can help you with your child support case.

read below important details about how child support is calculated

How do you make sure that the court sees all the necessary evidence required to make a fair decision?  Knowing your rights and obligations as a parent, which factors courts use in determining child support, and what to expect at and after the trial, will help you in preparing for this critical procedure.

This article will answer your top seven questions about child support from the perspective of a child support lawyer in Fairfax.

1) What Determines Child Support?

Three extremely important factors for calculating child support in Fairfax are:

• Number of Children
• Each Parent’s Gross Income
• The Amount of Time The Children Spend With Each Parent

Requiring both parents to contribute to the child’s expenses allows for the child to maintain a similar life involving two parents instead of one. These expenses may include:

• Food
• Housing
• Medical Expenses
• Insurance
• Work-Related Child Care
• Visitation Costs

2) How Do Sources of Income Impact Child Support in Fairfax?

We cannot emphasize this enough; misrepresenting your income for the purposes of lowering your child support obligation is against the law.

Being truthful and honest about your expenses and sources of income is important to your case.

To understand what you need to disclose as an income, contact a child support lawyer in Fairfax to make sure you are disclosing your expenses accurately.

Below is an example of a list of factors that the court will consider as a source of your gross income:

• Salary
• Bonuses
• Worker’s Compensation
• Insurance benefits of any kind
• Spousal Support
• Retirement Benefits

This list highlights only a few examples of income that a judge considers in a child support case.

A judge will consider any payment you receive a source of income.

Other sources of income may include bonuses, unemployment insurance benefits, disability benefits, veteran’s benefits, spousal support, gifts, and awards.

3) How Do Child Custody Arrangements Relate To Child Support?

Why do child custody arrangements impact child support in Fairfax? When one parent has primary physical custody of the child, it is always the custodial parent who receives child support from the non-custodial parent.

Your physical custody arrangement will play the main role in determining child support.

The custody arrangement will differ depending on the facts of the case.

4) How Does Primary Physical Custody Impact Child Support?

The parent a child lives with for the majority of the time, has primary physical custody of the child.

This parent is the custodial parent, while the other parent is the non-custodial parent.

Because the child spends more time with the custodial parent, they may handle a majority of the child’s expenses.

It is the obligation of both parents to provide monetary support for the maintenance of the child’s life.

The amount of time the child spends with the non-custodial parent may impact how much the judge will obligate them to pay to the custodial parent.

To understand more about the requirement for these criteria, contact a child support lawyer in Fairfax to see how your custody arrangement may impact yours.

5) How Does Shared Custody Impact Child Support?

The respective incomes of the parents are not the only factor in determining child support.   

Another important factor is the type of custody the parents have over the child and the amount of time the child spends with each parent.  

Shared custody is an arrangement where the children spend a significant period of time in the care of each parent.

This arrangement may take place when both parents are capable of addressing their children’s needs.

One example of shared custody is a child who spends the summer with the father, but the school year with the mother.

Since the child spends eight months out of the year with the mother, the father will likely be the responsible party to pay child support; however, it depends on the income of each parent.

6) How Does Split Custody Impact Child Support?

Child custody cases involving multiple children can involve splitting up the children between the parents.

Although judges prefer not to split up siblings during a divorce, there may be some circumstances where the best interests of the children are served by placing them in the care of separated parents.

Consider the following: A couple has two daughters and one son.

The mother has primary custody of her two daughters, while the father has primary custody of the son.

Split custody does not allow each parent to ignore their obligation to pay child support for the child who is not primarily in their custody.

The bottom line here is the mother will still need to pay child support for her son and the father to his daughters.

7) What Are The Guidelines That Affect Child Support In Fairfax As Explained By A Child Support Lawyer?

It is crucial to understand how a judge will interpret your financial situation when delivering their opinion on child support.

Each state has different rules and regulations to determine child support.

Make sure that you are aware of Fairfax’s child support guidelines prior to going to trial.

Section 20-108.2 of the Code of Virginia, provides the specific guidelines for the Judge to determine child support.

As the facts of each case are different, there are situations where a judge may deviate away from these guidelines.

Consider the following: A parent who is supporting their mother and father on a minimum wage salary.

Since the parent is responsible for supporting two other people besides their child, the judge will consider this when calculating child support.

This does not mean that the parent will not have to pay child support, but the amount may be less.

The code merely references the baseline amount you will pay/receive.

8) Can The Amount Of Child Support I Am Paying Change Over Time?

Child support calculations assess your current financial status and current custody arrangement.

There are situations where the judge may reconsider the current child support amount based on a material change in the circumstances; even if you already have an existing support order.

As life changes constantly, the ability or the need to meet financial obligations may change as well.

Examples of the circumstances that may affect the current support amount include loss of job, change in income, change in custody arrangement, change in health…etc.

A child support attorney will review your specific circumstances carefully and advises you if you are eligible to reduce or increase the amount of child support.

9) Do Medical Emergencies Affect Child Support Obligations?

If you are experiencing an extreme medical emergency that impacts your ability to financially support your child, then you may be eligible to petition for a change in your child support amount.

Medical emergencies in Fairfax may include but are not limited to, an illness or accident that results in developing a permanent mental or physical disability which will prevent you from working.  

A child support lawyer in Fairfax will advocate for your rights if these situations affect your ability to pay child support.

10) How Does A Change in Salary Impact Child Support?

When there is a significant change in a parent’s salary, this may affect the non-custodial parent’s child support obligation.  A child support lawyer in Fairfax will help you determine how much an increase or decrease may affect your child support agreement.

11) Do Child Support Guidelines In Fairfax Change?

Laws and regulations are up for discussion all the time. Changes in child support guidelines do not change overnight; however, it is important to be up to date if any of these changes do affect you.

As a precaution, it is important to understand the nature of these guidelines by talking to a knowledgeable child support lawyer in Fairfax who is aware of these changes.

12) How Long Do You Have To Pay Child Support in Fairfax?

The purpose of child support is to provide financial support to a child who is still dependent on their parents.

Under Virginia law, a child means “minor child” as in someone under the age of eighteen years old.

Generally, when a child turns eighteen years old, Virginia law recognizes this child as an adult, which will terminate the child support obligations of the parents.

However, there are some special circumstances where the child is over eighteen years old and this child can still receive child support.

A child may be eligible for continued support if they are over the age of 18 when they remain living in the home of the custodial parent while attending high school or if they are determined to have a permanent and severe disability which makes self-sufficiency impossible.  

A child support lawyer in Fairfax will help you assess when the child support obligation should terminate and whether a child over eighteen years old can still receive support.

13) What Is Legal Emancipation?

Legal emancipation is the act of a minor child under the age of eighteen years old to separate legally from their parents.

This means that a child who successfully petitions for legal emancipation has the authority to make their own legal decisions without consent from a parent.

When a child is granted legal emancipation, they are declaring that they are capable of living independently from their parents.

14) How Does Attending High School Impact Child Support in Fairfax?

If a child is older than eighteen years old and still attends high school, a court may consider ordering support for that child.

Judges may consider granting child support until they complete the standard twelve years of education or turns nineteen years old.

If they are past the age of nineteen and are still attending high school, they may not be able to receive any more child support.

16) Does The Permanent Mental and/or Physical Disability Of A Child Affect Child Support?

The judge has the discretion in determining permanent mental and/or physical disability.

A judge may consider how a new or progressing disability impacts the child’s ability to support himself independently.  

The court orders child support based on the child’s needs. If the child is 18 years old or older and has a mental or physical disability, a judge may order continued support for this child to meet their necessary needs such as food, medicines, shelter, services… etc.

What’s the bottom line? Depending on your specific situation, the amount and length of time a judge will require you to pay child support may change.

Because there are a number of factors and reasons a judge may extend child support, it is a good idea to reach out to a child support lawyer in Fairfax to see if any of these situations apply to you.

17) Can I Appeal My Child Support Case?

If you’re unsatisfied with the results of your child support case, you have a few options.  

If your case was held in the Juvenile and Domestic Relations Court, you have an absolute right to appeal within ten days of the judge’s order.  

Taking advantage of this right to appeal from the Juvenile and Domestic Relations Court gives you a brand new trial in the Circuit Court without any lingering effects from the earlier ruling.  

However, if your case took place in the Circuit Court you can only appeal by arguing that the judge misinterpreted the law.

This is why it is so important to have a skilled and knowledgeable family law attorney at your side.

When an appeal is not available, you may have the opportunity to file a Motion to Amend your support obligation.  

These motions are granted upon a material change in circumstances, such as changes in employment, child custody, or the health of the parent in question.  

18) What Are The Consequences of Not Paying Child Support in Fairfax?

Here’s the deal:

After an agreement or a court order is issued, the non-custodial parent must pay the agreed-upon child support to the custodial parent.  When a parent fails to pay this obligation, they begin to accrue what is called “arrearage.”

This arrearage is a debt that can result in significant penalties if not properly addressed.

While this list is not exhaustive, some of the more common penalties include:

• Garnishment of wages and/or tax returns;
• Suspension of driver’s license;
• Liens on real and/or personal property; and

• A finding of civil contempt, which may result in incarceration of up to twelve months.

Jail time is a possible consequence of the non-custodial parent’s failure to pay child support.  

Most of the time, it is reserved for parents who have a demonstrated history of failure to comply with their obligations or the amount of unpaid support adds up to more than $5000.  

In these instances, a parent may “purge” themselves of the civil contempt by paying off the balance, or at least a significant portion, of their arrearage.

Willingly and knowingly refusing to pay child support is against the law. But the law recognizes that there are certain circumstances where a parent is unable to meet their obligations through no fault of their own.  

In these cases, you may be asked to “show cause” why the court should not hold you in contempt. In these situations, having a knowledgeable attorney who can explain your specific situation to the judge is invaluable.

19) So What Do I Do Now?

Any challenges that you will experience during your child support case will need the advice of a child support lawyer. As all cases are different, there are exceptions to every guideline.

It is vital to know all of your options prior to your child support trial.