Understanding Child Support In Virginia

Parents want nothing but the best for their children, regardless of whether they are married or divorced. Even after the end of the marriage, both parents must continue to provide financial support for their children. In Virginia, child support laws stipulate how much the non-custodial parent must pay towards their children’s welfare and, in certain cases, the custodial parent may also be required to make contributions. In this blog post, we will answer some of the most common questions regarding child support and outline what options parents have if there are issues either with making payments or receiving them.

How Is Child Support Calculated?

The amount of child support that a non-custodial parent must pay is based on the Virginia Child Support Guidelines, which take into account factors such as the number of children involved, the parents' incomes, and certain expenses such as health insurance payments. To calculate child support payments, parents must submit a Financial Affidavit, which will give the court a detailed view of their income, debts, and expenses. All of this information is used to calculate a basic child support amount that will be paid each month.

What Happens If I Am Unable To Pay Child Support?

If a parent is unable to make their child support payments, it is crucial to contact a family law attorney immediately. Non-payment of child support can result in serious legal consequences, including the suspension of your driver's license, interception of your tax refund, and even jail time. To avoid any of these consequences, a parent can request a child support modification due to a material change in circumstances, such as a job loss or a decrease in income. A family law attorney can assist you in filing the petition and presenting it before the court.

What Are My Options If My Ex Refuses To Pay Child Support?

If your ex-partner fails to pay child support on a regular basis, legal action needs to be taken. Parents can file a petition with the court requesting the enforcement of child support and can receive assistance from the Department of Social Services. The court can use various enforcement mechanisms to ensure payments are made in full, including wage garnishment, interception of tax refunds, and seizing property of the non-paying parent.

Do Child Support Payments Stop Once The Child Is 18?

Child support payments are not necessarily going to stop when a child turns 18 in Virginia. The law states that parents must continue to make payments until the child has completed high school or reached the age of 19, whichever comes first. In certain cases, such as full-time attendance at college or university, child support payments may continue beyond this age.

Child support is a legal obligation for parents in Virginia, and it is vital to ensure that all payments are made on time. Failure to make payments can lead to serious legal consequences, and it is crucial to take action early if you are unable to make payments or are not receiving them. At Cheryl Eddy Benn, P.C., we understand the complexities surrounding family law and can provide support in child support matters. Our team of skilled attorneys is dedicated to helping Virginia residents navigate their legal issues and arrive at a favorable outcome. Contact us today to learn more about our services.