If you and your child’s other parent aren’t married and are raising your child separately, it’s important to work together on care and support. Both of you share responsibility for your child’s emotional and financial needs, no matter where you live.
The parent who has custody typically provides day-to-day care, which includes the majority of direct financial support for the child. However, the noncustodial parent may be required to follow a court-issued child support order. A Fairfax child support lawyer can help clarify these responsibilities.
At Melone Hatley, P.C., our Fairfax family law lawyers are here to protect your family, your finances, and your future. Reach out to us today for compassionate and reliable legal guidance.
How a Child Support Lawyer in Fairfax Will Help You
Whether you receive or provide child support, our Fairfax child support lawyer will work with you to secure a fair order that provides your children with the resources they need.
Our Fairfax child support attorneys are skilled in handling both child support matters and creating a custody agreement that aligns with your family’s unique needs.
Here’s how we can assist you through all steps of the process:
- Assist with filing your child support petitions
- Respond to discovery and gather documents to build a strong case
- Calculate the appropriate child support amount for your situation
- Negotiate with the other parent’s lawyer or the Virginia Division of Child Support Enforcement (DCSE)
- Represent you during mediation and court proceedings to protect your financial interests
- Advocate for an outcome that maintains your financial stability and serves your child’s best interests
- Identify changes in your circumstances and help adjust existing support orders
- Offer compassionate guidance and strong representation throughout the legal process
Our lawyers are here to support you and your family every step of the way.
How a Fairfax Attorney Calculates Child Support
Calculating the income each parent can contribute based on their combined income is important to determine fair child support payments.
Fairfax family law attorneys often use legal tools, such as subpoenas, to gather accurate income information from both parties when necessary.
Types of income considered for child support include:
- Salary, wages, commissions, and bonuses
- Pensions, severance pay, and dividends
- Social Security retirement or disability benefits
- Workers‘ compensation, state or private disability benefits
- Unemployment insurance, military retirement benefits
- Income from rental properties, self–employment, and spousal support
Public assistance and Supplemental Security Income are not counted toward child support payments. Additionally, support from another marriage or relationship is excluded from a parent’s income for these calculations.
How Virginia Calculates Child Support
Virginia determines child support using guidelines from the Code of Virginia § 20-108.2. This section considers the combined monthly gross income of both parents and the number of children. Each parent pays a share of the total support based on their income proportion.
For example, if the parents’ combined income is $7,000 per month for one child, they are jointly responsible for $885. If the noncustodial parent earns $4,000, or 57% of the total, they would pay about $504 per month.
This method ensures a fair distribution of financial support for your child’s needs.
Fairfax Child Support
Lawyer Near Me
703-995-9900How Custody Arrangements Affect Child Support
Your child support obligations will depend on both your income and the custody arrangement you have, whether you’ve agreed on it or a judge has decided it. Child support guidelines help figure out how much each of you should contribute to your child’s needs.
In Virginia, there are three main types of custody arrangements:
Sole Custody
Your child lives with you full-time, except for visits with the other parent. In this situation, you would receive child support payments from the noncustodial parent, calculated based on a portion of their income.
For example, if the noncustodial parent earns $1,200 of a combined income of $2,000, they would pay 60% of the child support each month.
Split Custody
Some children live with one parent, while others live with the other parent. Child support calculations are similar to those in sole custody, determining what each parent should pay.
Shared Custody
Children spend at least 90 days per year with each parent. Child support obligations are adjusted based on the time spent with each parent, although courts may use the sole custody method if requested.
Addressing Complex Child Support Issues
Child support orders often require special arrangements or modifications over time. Life changes such as job loss, significant changes in income, a child’s evolving needs, or even relocation can all impact the appropriateness of the originally determined support amount.
If you believe the child support amount set by the guidelines is unfair or doesn’t reflect your situation, you can request a different amount from the court. Our firm is here to help you present the evidence needed to seek a fair adjustment.
Courts may consider several factors when deciding on child support modifications, such as:
- Expenses related to visitation
- Imputed income if a parent voluntarily leaves their job
- Debts taken on for your child’s care
- Any special needs of your child
- The financial resources available to your child
- Tax implications for both parents
The court may also consider a signed agreement between the parents, including specific child support provisions.
Mediation and Alternative Dispute Resolution (ADR)
Mediation or alternative dispute resolution (ADR) can also play an important role in resolving child support issues without lengthy court battles. These methods offer a more cooperative approach, where both parties work with a neutral mediator to reach a mutually agreeable solution.
This process can be less adversarial, more efficient, and often less costly. Our team is experienced in mediation and ADR. We will guide you through these options, making sure that your rights are protected and that the agreement reached truly reflects the best interests of your child.
By exploring every avenue for resolution, they help you move forward with confidence and clarity, knowing that your child’s future is secure.
Consequences for Missing Child Support Payments
A child support order issued by the court must be followed. If a parent misses these payments, there can be serious consequences. The custodial parent can contact the Virginia Division of Child Support Enforcement (DCSE) to help recover any unpaid support.
The DCSE may use several methods to collect the payments, such as:
- Garnishing wages
- Placing liens on property
- Withholding support from unemployment benefits
- Issuing an arrest warrant
- Denying a passport
- Charging with contempt of court
- Suspending a driver’s license
If you’re facing challenges making your child support payments, it’s important to seek legal advice promptly. Reaching out to the other parent, speaking with the court, and consulting with an attorney can help address the issue before it escalates.
Making child support payments on time is essential, regardless of your circumstances.
Protecting Your Family and Finances with Legal Support in Fairfax, VirginiaA
Facing child support issues can be tough, and having someone who understands and guides you can make all the difference. Our Fairfax child support lawyers will help you feel secure and informed, easing the process.
At Melone Hatley, P.C., we are committed to protecting your family, your finances, and your future. Our team is here to help you reach a fair outcome that supports your child’s needs and maintains your stability.
If you have questions or concerns about your child support case, reach out to a Client Services Coordinator at Melone Hatley, P.C., today. Let us be the support you need during this challenging time.
