If you are going through a divorce, you know it is messy, frustrating, and challenging, especially when children are involved. Being able to come to an agreement on child custody, visitation, and child support is one of the most frequent roadblocks to finalizing the end of a marriage. Emotions can run high, keeping both parties from coming to a suitable compromise that puts the children’s best interests first.
With help from our Richmond child support lawyers, Melone Hatley, P.C., will ensure you receive the information and guidance you need to address your questions and ensure a fair and appropriate level of child support. Without an agreement between the parents, you leave the decision to a judge who may not know your whole story.
Instead of trying to resolve the issue alone, trust in the compassionate representation of a Richmond family lawyer.
Factors Impacting Child Support Payments in Richmond, VA
Custody is decided based on the safety, security, and stability of each parent’s home. A parent who provides a stable home environment for their children and shares joint custody may still be obligated to pay child support to the other parent.
Under Virginia law, other factors used to determine the amount of your child support payments include:
- Any written agreement between you and the other parent about child support payments
- Court-ordered payments for life insurance or other requirements benefiting your child
- Custody arrangements, including travel expenses
- Custody status (i.e., shared or sole)
- Each parent’s earning capacity, obligations, and other income resources
- Each parent’s gross income
- Health insurance expenses for each of your children
- How much time your child spends with you or the other parent each month
- Imputed income when you or the other parent are unemployed or underemployed voluntarily
- Your child’s independent financial resources
- Other monetary support obligations for other family members or former family members
- Special needs care costs for your child
- Work-related childcare costs
In instances when a couple is not married, the state may require proof of paternity before requiring the father to begin payments.
Overall, the goal is to ensure your children have a sustainable source of support from whichever parent is ordered to supply it without overwhelming your ability to pay.
Your child support attorney in Richmond can help you complete the child support calculation worksheet to estimate the payment amount.
When Child Support Payments End
In nearly all cases, child support is paid until your child reaches 18 or graduates from high school, whichever happens first.
If you and the other parent agree to it, you may continue providing child support through the completion of college, but this is not required by law. Further, if you agree to pay support through the end of College or to a different age, the court may be unable to reverse it.
If your child has special needs and is unlikely to become independent after age 18, the court may decide to extend the duration of payments. This ensures the custodial parent can cover your child’s health, educational, and other expenses.
When a Parent Fails to Pay Child Support
Once the court issues a child support order, the payor (the parent who is must pay) must begin making payments to the payee (the parent who receives the payments).
If the payor fails to comply, the commonwealth may take legal action. The receiving parent can request assistance from the Virginia Department of Child Support Enforcement (DCSE).
Child support is meant to cover the basic needs of your children, including housing costs, food, and clothing. As a custodial parent, going without can lead to difficult choices and financial burdens. Therefore, the delinquent parent can be subject to consequences such as:
- Wage garnishment: The commonwealth can require your employer to withhold part of your income from each paycheck to ensure your child support obligation is met until you are caught up.
- Tax refund revocation: DCSE can intercept any tax refund you may be given and apply it to your balance for child support.
- Interest accrual: When you have not paid for 30 days, your child support account will begin accruing interest at a rate of 6% annually.
- Fines: In addition to interest, you may be subject to additional fines.
- Loss of professional certifications and licenses: Your driver’s license and any professional license to practice can be suspended or revoked, and passport renewals blocked.
- Notification to your employer: DCSE can inform your employer that you are delinquent in your legally obligated payments, which could have negative effects on your job.
- Incarceration: If you have failed to pay for over one year and owe more than $5,000, DCSE can request a court order imprisoning you in county jail. If you have not paid for more than two years and owe over $10,000, you could be charged with a felony and spend two years in state prison.
On the other hand, if you have valid reasons for not making payments, you should engage a child support lawyer in Richmond to present evidence showing why and start the modification process.
For example, if you lose your job or are facing a wage reduction, you may be able to request a child support modification through family court.
You will still be required to make payments until the order is modified and the court will perform a thorough investigation. They will examine elements such as whether you have made unnecessarily large purchases, have voluntarily quit your job, or have been ordered to pay support for another child from another relationship.
Working with a skilled family law firm can help you prepare your case effectively.
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Why Choose Melone Hatley, P.C.?
Attorney Rebecca Melone has built a woman-owned family law firm with top-rated lawyers experienced in Virginia, North Carolina, and Florida family law.
We focus on building a strong attorney-client relationship by establishing trust in our knowledge, competency, and compassion for your needs. We listen to your situation and provide customized advice to reach the best outcome for all parties.
We know you may have questions about whether using a law firm is right for you. That is why we offer a free initial consultation with our Client Services Coordinators, who can arrange a longer discussion with a Richmond child support attorney at our firm if you are in need of an attorney.
We are dedicated to protecting you and your family’s interests with agreements designed to serve you for years.
Speak to a Qualified Richmond Child Support Lawyer Today
The team at Melone Hatley, P.C. understands the worries you have regarding child support and is here to answer your questions.
We will be by your side throughout the process, helping you move forward with your life knowing your children’s needs are protected. Contact us through our online form to schedule a free consultation today.
