Child custody and support are two essential components of family law, ensuring that the best interests of the child are maintained even after the separation or divorce of their parents. While custody and support are interrelated and often inform each other, they are considered separate issues. Consequently, having a custody agreement is not always a prerequisite to getting child support in Loudoun, Virginia.
Understanding the Difference Between Child Custody and Child Support
As two distinctly different legal concepts, what is involved in determining child custody and support, how do they intertwine, and how can this affect your unique situation?
Child Custody
Child custody refers to the legal arrangement determining where the child will live and who will have authority over making decisions about their life. Custody is generally divided into two types – physical and legal custody – and each can be further divided into joint or sole custody.
Child custody decisions in a Loudoun, Virginia divorce or separation are based on the best interests of the child, and the court will consider many variables when deciding what that is, including
- Who has been the child’s primary caregiver in the past
- The child’s relationship with each parent
- Each parent’s ability to provide a safe and nurturing environment
- The physical and mental health of each parent
- Any history of domestic violence or substance abuse
- The child’s preference, given their age and maturity
Child Support
Child support is designed to balance the cost that both parents legally share for their child’s support and maintenance, ensuring the child’s needs are met, even if they are no longer together.
Child support is determined based on Virginia’s child support guidelines that consider both parents’ incomes, the amount of time each spends with the child, the number of children requiring support, the child’s specific needs, and the parents’ other financial obligations.
This calculation reflects the overall shared financial cost to support the child, with one parent typically paying the other for their share of that obligation. While the non-custodial parent generally makes child support payments to the primary custodial parent, child support can be shared in a number of different ways, and either parent can file for child support.
How to File For Child Support if You Have No Custody Agreement
In Virginia, a request for child support is typically included in the divorce paperwork filed when the case begins. Parents can work out a support agreement between themselves, negotiate it through their attorneys, or allow the court to make the decision for them. The court will then determine if the provisions in the agreement are consistent with the support formula and are in the best interests of the child.
But in the case of separating or unmarried parents, it is still possible to obtain child support independently from a formal custody agreement. Either parent can seek child support for a child who lives with them through an administrative support order through the Division of Child Support Enforcement or through a court order.
Administrative Support Order Through the Division of Child Support Enforcement
One way to seek child support is through Virginia’s Division of Child Support Enforcement (DCSE). The filing parent will complete and submit the child support application on the website or at a local office. If the DCSE approves the application, the responsible party will be ordered to pay child support through an Administrative Support Order.
In most cases, a Deputy Sheriff will serve a copy of the order to the other parent or a member of their household, or attach it to their front door with a follow-up copy mailed by first class mail. The other parent has 10 days to object and request an appeal hearing.
Petitioning the Court
The parent seeking child support can also file a petition with the Court Services Unit of the Juvenile and Domestic Relations District Court in the city or county where either parent resides. A hearing will be scheduled, and the court will consider both parents’ income and other evidence when making a support order.
The parent seeking child support should come to the hearing prepared with supporting evidence to present to the court, including proof of income, expenses, and any special expenses and requirements for the child. The court will review the evidence and testimony by both parents, calculate the amount of support based on Virginia’s support guidelines, and issue a support order specifying the amount to be paid, the payment schedule, and other relevant terms. The child support order is legally binding, and both parents must abide by its terms.
Loudoun County Can I Get Child Support Without a Custody Agreement in Loudoun, Virginia?
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What Happens if the Parents are Unmarried or Paternity is in Question?
When parents are married, paternity is presumed, and the law requires financial support from both parents. If paternity has been established, an unmarried parent can also submit an application requesting child support. The easiest way to do this is for both parents to sign an Acknowledgement of Paternity under oath. This is typically done at the hospital when a child is born.
Unfortunately, paternity disputes can arise after a request for child support has been received. If this is the case, you can open a child support case with the Division of Child Support or file a petition with the Juvenile and Domestic Relations District Court to establish the child’s paternity and seek support.
The Benefits of Having a Formal Custody Agreement
While filing for and obtaining child support without a formal custody agreement is possible, it can be complex and time-consuming. Having a formal custody agreement not only makes seeking child support easier, but it also offers important benefits.
A formal custody agreement will
- Provide clear guidelines regarding the child’s living arrangements, parents’ decision-making responsibilities, and visitation schedules, which can provide stability for the child and reduce conflict between the parents
- Allow both parents to address aspects of their child’s upbringing, including their education, healthcare, religious upbringing, and extracurricular activities, ensuring they are on the same page.
- Provide legal enforceability if one parent fails to adhere to the agreed-upon terms
Getting Legal Guidance in a Child Support Case in Loudoun, Virginia
Filing for child support in Loudoun, Virginia without a custody agreement can be done, but it can involve complex steps and comprehensive supporting evidence. Having skilled legal guidance will ensure you understand the steps involved and are properly prepared for your meeting with the child support agency or your hearing before the court.
At Melone Hatley, P.C., our experienced Loudoun, Virginia family law attorneys are dedicated to serving every client’s needs with the highest-quality legal representation possible. Call us at (703) 740-9698 or schedule a free consultation through our website contact form.
