If you and your child’s other parent live apart, you might have the right to receive child support to help with childcare costs. A Chesapeake child support lawyer can assist with estimating future support payments.
Melone Hatley, P.C. is here to protect your family, your finances, and your future. Our experienced team is ready to guide you through the child support process and provide clear answers to your questions.
When facing family law matters, having a Chesapeake family lawyer as your partnerby your side can make a significant difference. Melone Hatley, P.C. is committed to supporting you every step of the way, helping you secure what you need for your family’s well-being.
How Our Attorneys Can Assist with Child Support Cases
Having a clear custody agreement is imperative when dealing with child support. Whether you’re seeking support or are the parent from whom support is requested, our Chesapeake child support attorneys can guide you through the process with care and understanding.
- Seeking a child support order: If you are the custodial parent not receiving the support you need, our team can assist in obtaining a child support order through the court.
- Understanding and calculating child support obligations: If you’re required to pay child support, our attorneys will help you understand how these obligations are calculated and represent you in negotiations if unique circumstances apply.
- Enforcing or modifying a child support order: If the other parent defaults on payments or if circumstances significantly change, our law firm can help enforce or modify the existing order to better suit your goals.
Our attorneys are committed to supporting you in all aspects of child support cases. Whether you need help establishing, enforcing, or modifying a support order, you can rely on our team to protect your interests and provide the guidance you need every step of the way.
How Child Support Is Determined
In Virginia, child support is primarily calculated based on each parent’s gross monthly income and the number of children involved. The amount set by law is typically considered accurate unless evidence suggests otherwise.
A minimum amount of child support may be ordered for lower-income parents. However, if the paying parent’s income is less than 1.5 times the poverty line, a judge may decide on a lower payment than the usual minimum.
Courts consider various factors when determining if a child support adjustment is necessary, such as:
- The custody arrangement of the child
- Childcare costs related to a parent’s schooling
- Special needs or expenses for the child
- Debts incurred during the marriage for the child’s benefit
Additionally, identifying all sources of income is essential, as it impacts the calculation. An experienced child support attorney can help ensure that all relevant income sources are considered and clarify what counts as gross income in this process.
Chesapeake Child Support
Lawyer Near Me
(757) 296-0580
Modifying Child Support
If you’re paying child support, you can request a recalculation when your circumstances change significantly. For instance, losing your job due to downsizing may allow you to seek a reduction. Keep in mind—child support can only be modified through a court order.
To adjust child support, the court needs proof of a material change in circumstances. This might include a decrease in your income or the emancipation of a child. You must show that these changes justify a modification.
A skilled Chesapeake family law attorney can help you present these changes to the court. We will work to make sure any modifications are fair and appropriate for your situation.
How Custody Arrangements Impact Child Support
In child support cases, both parents are responsible for contributing their fair share based on the law’s calculation of basic child support. The way this obligation is divided depends on the custody arrangement, whether agreed upon by the parents or ordered by a judge.
In Chesapeake, there are three common custody arrangements:
- Sole custody: One parent has primary custody, with the child living with them full-time, except for visitation. The noncustodial parent pays child support based on their share of the combined income, proportional to the total amount calculated.
- Split custody: In this arrangement, some children live with one parent, while others live with the other parent. Each parent’s child support obligation is calculated similarly to sole custody, reflecting their share of the combined income.
- Shared custody: Children live with each parent for at least 90 days a year, and support obligations are adjusted based on this time. Courts may also apply the sole custody method if a parent requests it.
Understanding how custody arrangements affect child support is key to ensuring fair contributions from both parents. By considering each unique situation, the court can establish a support plan that reflects the best interests of the child and each parent’s financial responsibilities.
Consequences of Missing Court-Ordered Child Support Payments
Once a court orders child support, payments are mandatory. If the noncustodial parent fails to meet this obligation, the custodial parent can contact the Virginia Division of Child Support Enforcement (DCSE) for assistance in recovering the overdue payments.
The DCSE has several methods to collect unpaid support, including:
- Garnishing wages
- Placing liens on property
- Withholding support from unemployment benefits
- Issuing a warrant for arrest
- Denying a passport
- Charging contempt of court
- Suspending a driver’s license
If you’re unable to make your child support payments, it’s important to seek legal counsel right away. An attorney from our team can help you explore your options. Simply skipping payments is not an option.
If you foresee difficulties in making a payment, it’s best to inform the other parent, communicate with the court, and consult our attorneys as soon as possible.
Guiding You Through Child Support with Care
When it comes to child support, having someone you can trust by your side is so important. A Chesapeake child support lawyer at Melone Hatley, P.C. is here to help you through every step, whether you need assistance with establishing, enforcing, or modifying a support order.
At Melone Hatley, P.C., we truly care about protecting your family, your finances, and your future. We know how much your children mean to you, and we’re here to help make sure their needs are met.
If you’re looking for someone who will stand by you and fight for what’s best for your family, reach out to Melone Hatley, P.C. today. We’re here to support you, just like family would.
