Child Support Attorneys

Countless divorced parents fulfill their financial responsibilities by either paying or receiving child support. To make the enforcement and collection process smoother for single parents in the country, there are federal laws and state laws in place. However, since each state follows its own set of guidelines for determining child support, and has different ways to retrieve overdue payments, seeking advice from a family law attorney who is well-versed and experienced in your state's child support regulations and enforcement measures is crucial.

In order to schedule a consultation with our firm, please contact us online, or call us at (804) 554-4561. We can assist you with your questions about the law governing child support in Virginia to include your options for collection and enforcement.

Child Support Basics

In Virginia, child support is calculated pursuant to a formula that is set forth in the Code of Virginia. Child support can be calculated based on sole custody, shared custody, split custody, or some combination thereof. Each parent owes a duty of child support until the child emancipates. In Virginia, a child emancipates when he/she turns 18; however, if the child is still in high school and living at home, child support continues until the child turns 19 or graduates high school, whichever is first. In situations where a child is permanently and severely disabled, a court may order that child support continue beyond emancipation, provided the permanent and severe disability existed prior to the child’s emancipation.

While child support is established pursuant to a guideline formula, which yields a presumptive amount of child support, courts may deviate from the guidelines in certain circumstances. Since every case has its own unique set of circumstances, contact Shannon Otto Law for further information on whether a deviation is applicable to your situation.

Although child support is established pursuant to a guideline formula, that does not mean that child support calculations are always simple and conflict-free. Oftentimes, there are a number of complexities involved in establishing child support such as the determination of a party’s income, imputation of income to a parent that is unemployed or underemployed, how a spousal support award impacts the child support award, how many days each parent has the child can impact the amount of child support, determination of the cost of the child’s medical insurance, and determination of the cost of the child’s work-related daycare. Contact Shannon Otto Law today to obtain legal advice related to your child support questions. Shannon Otto Law is knowledgeable and experienced in representing custodial and non-custodial parents in child support matters.

Enforcement of Child Support Orders

Child support is established either through a court order or an administrative order by the Virginia Division of Child Support Enforcement. Once child support is established, a situation may arise where the payor parent fails to pay his/her child support obligation pursuant to the child support order.

When child support is owed but not paid, a variety of measures exist to collect past-due amounts. Frequently, a Motion to Show Cause is the tool utilized to enforce a child support obligation and collect past-due sums. A parent found guilty of a show cause can be punished through various means including fines and/or imprisonment. Additionally, Virginia law allows for the suspension of professional or business licenses, driver’s licenses, and other occupational licenses if the payor parent accumulates a child support arrearage in excess of a certain amount.

Shannon Otto Law can assist you in your enforcement and collection actions.

Modifications of Child Support Orders

Child support is modifiable. Either the payor or recipient parent can request modification of an existing child support order in the event of a material change in circumstances. Changes to a party’s income, the custody schedule, the amount of spousal support, the cost of the child’s work-related daycare costs, and/or a change to the cost of the child’s medical insurance can result in the modification of an existing child support order.

A modification of a child support proceeding is similar to an initial proceeding to establish child support. However, there is an added burden for the filing party to demonstrate a material change in circumstances that justifies modification of the award in order to move forward on their request for modification. Shannon Otto Law is here to assist you in your child support modification proceeding.

Conclusion

Contact us today to schedule a consultation with the experienced family law attorneys at Shannon Otto Law to find out how we can help you obtain a child support order, enforce a child support order, modify a child support order, or simply answer your questions pertaining to child support.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.