Child Support Attorney in Lynchburg & Forest, VA
When the biological parents of a child are unmarried and are therefore not living together, care for the child must be determined. In addition to providing physical and emotional care for a child, parents are also expected to provide financial support for a child.
For custodial parents, it is assumed that the duty to provide financial support is being satisfied by virtue of having custody; for noncustodial parents, however, it is likely that a court will issue a child support order, with which a noncustodial party will be obligated to comply.
At the Straw Law Firm, our Virginia child support attorney can help you to understand the various elements of child support. Please call us today for skilled legal representation that you can trust.
Our Child Support Practice Areas
Our Virginia child support lawyer is well-versed in the various elements of a child support case, and can assist you whether you are a parent who is seeking support, or a parent from whom support is being sought. Our areas of knowledge and practice include:
- Seeking a child support order. If you are a custodial parent who is not receiving child support from your child’s other biological parent, we can assist you in seeking a child support order from the court.
- Understanding how child support is calculated and your child support obligation. If you are a party from whom child support is being sought, our lawyers can assist you in understanding how child support is calculated and your child support obligation. We can also represent either party in negotiating a child support obligation based on special circumstances.
- Enforcing a child support order. Sometimes, a party against whom a child support order is issued does not always fulfill their child support obligation, defaulting on payments routinely or from time-to-time. Failure to pay child support can have serious consequences; if your child’s other parent has defaulted on their child support payments, our lawyers can help you to understand your options for enforcing a court order, and take action immediately.
- Modifying a child support order. There are many reasons why either party in a child support case may want to modify the child support order at some point. For example, perhaps the child suffers an injury, increasing the cost of care that they require. Or, perhaps the child support-paying parent loses their job, hindering their ability to make their full support payments. When a significant change in circumstances has occurred, modification of an existing support order may be appropriate. Our law firm can help.
How Is Child Support Calculated in Virginia?
The state of Virginia uses state-set child support guidelines to determine child support amounts. While these guidelines are referenced in all child support cases, the court may deviate from the guidelines when it finds it appropriate to do so. For example, child support may increase or decrease based on a change in circumstances or special needs, or, if custody is shared, a shared custody guideline may be used.
The way that Virginia calculates child support is found in the Code of Virginia Section 20-108.2. Based on the statute, child support is based on parents combined monthly gross income and the number of children a support award must provide for, and then each parent is responsible for the amount of support that is proportionate to their income. For example, the guidelines hold that parents who have a combined gross income of $7,000 per month and have one child should be jointly liable for $885 in child support per month. Now, consider a situation in which the noncustodial parent makes $4,000 of the $7,000, or roughly 57 percent of the combined gross income, and the custodial parent makes $3,000, or roughly 43 percent. The noncustodial parent would thus be liable for 57 percent of the child support obligation, or about $504 per month (.57 x $855).
What Happens if a Parent Doesn’t Make Their Court-ordered Child Support Payments?
As stated above, making child support payments once an order is issued by the court is not optional; it is mandatory, and there can be consequences if a person defaults on their payments. If the noncustodial parent fails to make child support payments, the custodial parent can report the failure to the Virginia Division of Child Support Enforcement (DCSE), which will assist the parent in recouping the payments they are owed. Strategies that the department may use to recover a child support payment include, but are not limited to:
- Garnishing wages;
- Placing liens on property;
- Withholding support from an unemployment benefit check;
- Issuing a warrant for arrest;
- Denying a passport;
- Charging the debtor with contempt of court;
- Suspending a driver’s license; and
- More.
If you cannot make your child support payments, it is critical that you retain the counsel of an attorney immediately. An attorney can assist you in understanding your options. Note: simply not making your payments, no matter the excuse, is not an option. If you think that you will not be able to make a payment, getting ahead of the issue by notifying your child’s other parent in advance, talking to the court, and consulting with an attorney is advised.
For How Long Does a Child Support Order Last?
Most child support orders that are issued in Virginia will last until the child turns 18 years of age or becomes a legally emancipated minor. However, child support may extend after the child’s 18th birthday in the event that the child is still in high school, is living in the family home, and is not financially independent.
Work with Our Virginia Child Support Lawyers
Child support is a very important element of a divorce case, child support case, and generally ensuring that a child is providing for. But Virginia child support laws can be difficult to understand, and are often more adeptly navigated with the counsel of an experienced Virginia child support attorney.
To schedule a consultation with our law firm, please reach out to us by phone at (434) 595-3581 or visit our law firm in person or online.
