CHILD SUPPORT ATTORNEYS IN VIRGINIA

Defending child support cases is never easy. Our child support attorneys in Virginia, are skilled at fighting your case in court.

read below important details about how child support is calculated

As the noncustodial parent, the amount of money you agree to pay for the child’s maintenance must be fair and in good faith.

If you and your former spouse cannot agree on a child support order, then you will need to file a petition for child support.

There are many factors that affect child support in Virginia including your financial status, employment, and many more. 

While these factors form the basis for Virginia’s Child Support Guidelines, the Courts may permit a deviation, either upward or downward, depending on the specifics of your case. 

It is very important to work with our experienced child support attorneys in Virginia, give us a call to discuss your child support case.

How Should Child Support Cases Be Handled as a Parent? Answered by Our Child Support Attorneys in Virginia

It is important to have the needs of your child at the forefront during your child support case.

Since child support is such an integral part of your child’s life, it is crucial to understand your own financial status along with the other parent’s financial status.

After considering the relevant factors in your case, the Court will decide the appropriate amount of support each parent is required to provide the child.

How Is Child Support In Virginia Calculated?

Taking care of a child and providing for their needs requires effort from both the custodial and noncustodial parents.

To fulfill their parental obligation, both parents must offer support even when the child is not in their physical care.

Child support is the amount of money the noncustodial parent pays to the custodial parent for a child’s basic expenses. Examples of these basic expenses include:

• Food
• Shelter
• Education
• Extracurricular activities
• Clothing
• Medical Expenses
• Work-related Childcare

In the Commonwealth of Virginia, a judge will consider the factors and base their decision according to the  “best interest of the child” standard.

The factors are listed in Virginia Code 20-108.1 and some are described in more detail below. Make sure to contact our child support attorneys in Virginia to gain further information about your child support case.

1. What If You Support Other Family Members?

If someone is supporting a family member, they might not be able to dedicate the standard portion of their income to the child in question.  

Support for others will be taken into consideration as it is a monthly expense that impacts your total gross income. It is important to be knowledgeable about all of your financial obligations in order to receive/pay a fair amount for your child.

It is essential you hire our child support attorneys in Virginia, to help you win your case in court. Contact us at 703-786-8340 to assist you with your child support case.

2.  Does Physical Custody of a Child Impact Child Support in Virginia?

Whether you have primary physical custody of your child or not, you still have a financial obligation to support the child.

When you spend more time with your child, it is assumed that you are supporting them during the time they are in your care.

With that being said, physical custody of a child impacts supports because only the custodial parent is able to receive child support from the other parent.  

Even though the child spends the majority of their time with one parent, the goal is to ensure they have a quality of life similar to a two-parent household.

The cost of visitation may also be a reason to deviate from the child support guidelines.

When two parents live further apart, travel expenses such as airfare, buses, or trains play a role in the child’s access to the noncustodial parent.

The courts often do not wish to limit a parent from seeing their child solely due to a lack of funds.

3. What Impact Might Unemployment have on Child Support in Virginia?

Unemployment may result in the inability of one parent to pay the ordered amount of support to the other.  

But be advised that choosing to be unemployed or intentionally remaining “underemployed” will not lower your child support amount.

Virginia Courts are able to impute an income to a party that is higher than their actual earnings if they appear to be acting in bad faith regarding their obligations.  

A parent who is late or refuses to pay child support will develop arrearages. In these instances, a judge may ask the parent with these arrearages to explain why they are unable to pay child support.  

One explanation of why someone does not pay their child support is their inability to pay based on their job status.

The court must differentiate between a parent who cannot afford child support because their job does not allow the opportunity versus a parent who does not have the will to provide child support.

4.  Education Programs Affect Child Support in Virginia

Ultimately, the goal of child support in Virginia is to act in the best interest of the child and to try to provide the best life for the child.

Education programs can be a way for a parent to potentially enhance their financial self-sufficiency and increase their income.

Child support may help with childcare services during your time attending educational programs, but it may not pay for the programs themselves.

Completing education programs must be done in good faith that you are actively trying to create a more financially stable home for your child.

If you are confused about what classifies as an education program in good faith contact our child support attorneys in Virginia.

5. How Do My Child’s Special Needs Impact Child Support in Virginia?

Maintaining a child’s physical, mental, and emotional developmental needs is of the utmost importance when calculating child support. A child with any unique needs will require a personalized level of support from both parents.

Clearly stating your child’s special needs and the costs associated with those needs will help set the proper child support amount.

6. Examining Independent Financial Resources

Due to the fact that all sources of income are considered when calculating the child support amount, independent financial resources are included.

Independent financial resources to the child include trust funds and other funding that child support would otherwise provide.

For example, a grandmother giving her granddaughter a monthly trust of $5,000 a month may be a factor in determining child support.

7. How Does Marital Property Affect Child Support?

What is marital property? Marital property includes any property you possess during your marriage. During a divorce proceeding, the division of property through equitable distribution may impact child support.

Documentation of all of your finances will be taken into consideration, including any debts or income you may receive from the property. Marital property will be considered when it results in “extraordinary capital gains”

If you get the house in your divorce proceedings and sell, this may be seen as a source of income and taken into consideration for child support.

In contrast, if you are granted the family home then you also will be responsible for paying the mortgage. Because of the impact of marital property, it has the ability to impact the child support obligation of either a certain parent.

8. Taxes Impact Child Support Too?

Even though child support bases the calculation on gross income, there are some tax exemptions that will reduce the amount you are taxed by the state.

Child tax credit helps parents with minor children to increase their income by limiting the amount that they are taxed.

Because your income is such a large factor in determining child support, this claim may affect your child support.

9. Finally, Coming To An End

After calculating child support, courts may take into account an agreement between the parents. The needs of the child must be met regardless of what is said in the agreement.   

If unable to settle the matter out of court, a judge will deliver an order where the expenses of the child are shared equitably between the parents.

What is The Role of Step-Parents in Child Support Cases? Presented by our Experienced Child Support Attorneys in Virginia:

Step-parents generally do not assume any type of financial obligation to a step-child during the marriage or after a divorce.

It is vital to note that a step-parent’s income will not usually be a factor when calculating child support for the noncustodial parent.

Most cases involving child support are solely based on the two biological/adoptive parents.

A step-parent in the Commonwealth of Virginia will only assume this financial obligation if they have legally adopted the child.

How Long Does Child Support Last For?

In Virginia, child support generally lasts until the child turns eighteen years old. Certain circumstances may even require child support past the age of eighteen years old.

If a child is above the age of eighteen years old but has a permanent physical or mental disability, then a judge may consider extending child support.

As the goal of child support is to aid a dependent individual, Virginia law allows for some discretion by the court when necessary.