Understanding Your Child Support Order

Going through a divorce or separation is difficult, particularly when there are children involved. One of the most important aspects of a separation or divorce is to deal with child support issues adequately and fairly.

At Randall & Bruch, our Virginia child support attorneys regularly help clients in and around the Southampton, Emporia, Brunswick, Suffolk, Virginia Beach, and Hopewell areas. We are ready to help you with your child support matters today.

“I was very pleased with the time and attention given to my case. Highly recommended if you are seeking an attorney that will work hard and achieve the best results for you.” – Bryan A.

What is a Child Support Order in Virginia?

A Virginia child support order is a financial commitment and legal obligation from one or both parents, usually the parent who does not have primary physical custody. A child support order will outline the specific amount of money the non-custodial parent must pay to the custodial parent or to a third party, depending on the custody arrangement.

What Is Child Support Designed to Cover?

Under Virginia child support guidelines, payments are meant to cover expenses relating to a child’s upkeep, including:

• Housing
• Food
• Clothing
• Education
• Extracurricular activities
• Healthcare and dental care

These and any other costs deemed necessary for the welfare and best interests of the child fall under child support obligations.

Overview of Child Support Laws in Virginia

In Virginia, both parents share the financial responsibility of supporting their child(ren), regardless of marital status. Since the custodial parent typically covers most of the day-to-day expenses, the non-custodial parent contributes through child support payments to help ensure the child’s needs are met.

Virginia Code §20-108.2 governs child support in the Commonwealth. These guidelines calculate parental child support obligations by factoring in the parents’ combined gross income and the number of children they share. Other considerations the court uses include:

• Custody arrangements (e.g., sole custody or joint custody)
• Healthcare payments
• Childcare expenses
• Debts a parent incurs from costs benefiting the welfare of a child
• Expenses connected to court-ordered visitation
• Tax consequences for each parent
• A child’s special needs
• The earning capacity of each parent
• Additional sources of income such as pensions, rental income, dividends, commissions, bonuses, and severance pay

The court will consider these primary factors, but it is not a comprehensive list. Parents who want to adjust their obligations should consult an experienced child support lawyer to determine what other factors might apply.

Why is Child Support Necessary?

Child support payments are necessary because they ensure the child receives the financial resources they need to thrive, regardless of the relationship status of the parents. These payments help cover necessities such as clothing, food, shelter, and education expenses.

Virginia takes child support very seriously, and a parent who refuses to pay court-ordered child support could face serious legal consequences.

What Are the Responsibilities of the Paying Parent?

The paying parent, typically the non-custodial parent, must uphold their child support obligation. Virginia takes missed child support payments seriously and will impose penalties, including:

• Wage garnishment
• Placing liens on real estate or personal property
• Garnishing federal and state tax refunds
• Suspending a driver’s license, occupational license, and/or recreational license (if neglecting to pay for 90 days or longer)
• Issue a bench warrant for arrest
• Deny a passport application
• Issue fines

Also, failure to pay can result in a finding of contempt and the defendant being subject to a purge bond, whereby they are incarcerated for a period of time set by the court, usually a course of months, unless and until they pay the amount of arrears set by the court as the purge bond.

How Long Does Child Support Last in Virginia?

In almost all cases, child support payments will last until a child turns 18 or graduates from high school. A court may extend payments for children with special needs or if they are high school students past age 18. Parents may also agree to continue support payments through college, but this is voluntary and not required. Before deciding to do this, discuss the implications with an attorney.

Can You Modify Child Support Payments?

Under Virginia law, requests to modify child support payments can be made if circumstances have changed substantially since the original order was put into place.

Some of the various reasons that child support can be modified, according to Virginia Code §20-108, include the following:

• If the paying parent is laid off.
• If the income of the parent who pays child support changes by at least 25%
• If either parent gets a substantial raise or gets a higher-paying job
• If either parent inherits a substantial amount of money
• If a child develops a disability or is suffering from severe health issues that require additional care
• If there are substantial increases (at least 25% or more) in the child’s health or dental insurance premiums

If you have grounds to petition the court to modify child support payments, you should speak to a skilled child support lawyer in Virginia as soon as possible. Do not make changes based on a verbal agreement with the other parent outside of a court order mandating the change. Any oral contracts are not enforceable.

How Our Virginia Child Support Lawyers Can Help

There is no law in Virginia stating a person has to hire a child support attorney to obtain child support or modify an existing child support decree. With that being said, there are substantial benefits to working with a skilled Virginia family law attorney. Your child support lawyer can help you:

• Understand the amount of money you owe or will receive based on Virginia’s formula and any specific factors that might affect the payment amount; this is the case whether you are receiving or paying child support.
• You can modify an existing child support order if circumstances change significantly, such as losing your job.
• Terminate a child support decree when the child turns 18 or when they graduate high school.
• Extend child support payments if a child has a developmental disability or physical handicap.

Dealing with child support issues with the other parent can be contentious and can escalate into a battle. Having an attorney intervene and handle the details can remove the emotion from the equation and help make the process go more smoothly. The attorneys at Randall & Bruch, PC, are highly knowledgeable and well-versed in Virginia family law and can help you navigate the complexities of child support orders.

Why Clients Choose Randall & Bruch, PC

Clients select Randall & Bruch, for legal representation because of our dedication to their best interests.

With 85 years of combined legal experience, the attorneys at Randall & Bruch, have a vast wealth of skills and legal experience to draw upon. As litigators, our attorneys are fearless in taking a case to court. We will fight to the end for our clients’ best interests.

Everyone deserves quality legal representation and to receive legal advice. It is our mission to deliver.

Testimonials

“We had a productive working relationship with Randall & Bruch, P.C. law firm. Our issue was resolved in a timely manner with good explanations provided on every step of the process. Overall, we’re very satisfied with the team. Thanks!” – Aleksandr R.

“I would highly recommend this law firm to anyone in need of legal services. From calling to inquire and set up an appointment, to meeting with the staff to assist me — it was all a very smooth process. They are true professionals that understand their clients, and extremely knowledgeable. They make sure you receive the best service, and I am truly grateful for everyone at this law firm that assisted helping me get the best outcome.” – Anna R.

Are You Seeking Support for Your Child?

At Randall & Bruch, PC, we know how challenging child custody and support issues can be, and we want you to be treated fairly, whether you are the payor or receiving support.

Our child support attorneys in Virginia have years of experience helping clients in and around the Southampton, Emporia, Brunswick, Suffolk, Virginia Beach, and Hopewell areas. To request a free consultation, complete our online form or call 757-742-6115.