Virginia Child Support Lawyers
The child support lawyers at Livesay & Myers represent clients in . Our attorneys are experienced in handling child support matters in both Circuit and Juvenile courts, and dealing with the Virginia Division of Child Support Enforcement (DCSE).
Those involved in separation, divorce or custody cases often face the same set of questions where child support is concerned. The following is designed to provide you with a basic understanding of how child support is addressed in Virginia by answering some frequently asked questions.
Determination of Child Support Obligation
Under Virginia law, the parents of a minor child share a responsibility for the financial support of the child. The parties may reach an agreement as to the amount of child support to be paid by the non-custodial parent. If they are unable to reach an agreement, the custodial parent may petition a judge to determine the amount under Virginia's "child support guidelines." The guidelines are a mathematical formula, established under the Virginia Code. The guidelines take into account each parent's income, the support by either parent of "other children" (such as by prior marriages), day care expenses and health care costs. In some cases, based on extraordinary circumstances, the judge may "deviate" from the guidelines, and order an amount of child support different from that established under the guidelines.
Click here to view an online calculator for the Virginia child support guidelines.
What Virginia Counts as Income
For purposes of calculating child support, the Virginia guidelines take into account the gross monthly income of both parties. This is your income prior to taxes being taken out. Virginia has a very broad definition of what it counts as income. Virginia defines income as not limited to but including “salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits… unemployment insurance benefits, disability insurance benefits, veterans’ benefits, spousal support, rental income, gifts, prizes or awards.”
It is important to note that the child support guidelines take into account all income, not just taxable income. This is especially relevant for military Servicemembers, as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are not taxable but are included as income for purposes of calculating child support.
When Child Support Should Begin
Child support is paid by the non-custodial parent to the custodial parent. That is to say that the parent who does not live with the child will pay support to the parent who does live with the child. Although a court order is the best indicator of when support is due, the non-custodial parent should always provide some financial support for his or her children. Keep in mind that if a party files for child support with the court, any award that is made will be retroactive to the date the petition was filed. That is, if no support is paid between the time petitions are filed for child support and the date child support is awarded by a court, then an arrearage will result.
Unmarried Fathers and Child Support
Unmarried fathers often ask, "do I still have to pay child support if the mother and I were never married?" The answer is yes. In a situation where the parents of a child are not married, the biological non-custodial parent of the child is still obligated to provide child support. In these situations the court will require a determination or admission of paternity be made prior to child support being ordered. Only a party who has been determined or has admitted to being the biological parent of the child will be ordered to pay child support. If the alleged father is unsure if a child is his biological child, then he should request paternity testing.
Denial of Visitation
Non-custodial parents often ask, "do I still have to pay child support if the custodial parent is denying me visitation with the child?" The answer is yes. Child support is a separate issue from visitation with a child. A custodial parent should never use visitation with a parent as leverage to obtain more child support just as a non-custodial parent should never withhold child support to gain more visitation. The appropriate course of action if visitation is being denied or support is not being paid is to file petitions for either visitation or child support with the court.
Payment of Child Support in "Joint Custody" Situations
If the non-custodial parent has custody or visitation of a child for more than 90 days a year, then that parent's child support obligation will be calculated using a different guideline formula for shared custody. This guideline takes into account the number of days that a parent has physical custody of the child. Virginia law defines a day as a period of 24 hours. If the non-custodial parent has the child overnight but less than 24 hours, credit is given for ½ a day.
Voluntary Reduction of Income
If a parent voluntarily leaves a higher paying position to take a lesser paying job, then the court can still calculate child support based on that parent's higher income at the former job. In this case, the court would characterize the parent as “voluntarily underemployed.” If a parent simply quits his or her job, or is fired as a result of his or her own misconduct, then the court will say that parent is “voluntarily unemployed,” and continue to calculate child support based on the income from that job. Virginia courts do not tolerate a parent’s intentionally reducing his or her income to the detriment of a child.
Payment Method
Child support can be paid directly to the custodial parent from the paying party, or the party receiving support can request that payments be taken directly from the pay of the owing party each month. In the latter case, payments are processed through the Virginia Division of Child Support Enforcement (DCSE).
Termination of Child Support
Child support ends upon emancipation of a child. This occurs when a child reaches the age of 18, enters into a valid marriage, is on active duty with any of the armed forces, or has willingly lived separate and apart from their parents or guardian with the parents' consent and is capable of supporting themselves. Child support will continue for a child who is over the age of 18 if they are a full time high school student, not self supporting and living in the home of the parent seeking or receiving child support.
Increase or Decrease of Child Support
The amount of child support ordered by the judge may be increased or decreased based on a "material change of circumstances." If circumstances-- such as your income or the other parent's income-- change, you should check with an attorney to determine whether you should petition the court for an increase or decrease (as appropriate) of the child support amount.
Our Virginia Child Support Attorneys
Attorneys Amanda Foley, Emma Bungard, and Matthew Kurylo are the Virginia child support lawyers at Livesay & Myers, representing clients throughout Northern Virginia and Richmond.
Contact us to schedule a consultation with one of our Virginia child support lawyers today.
