Virginia Beach Child Support Lawyer

When parents separate or divorce, one of the most important issues that they must address is how to financially support their children moving forward. Child support is designed to ensure that children continue to receive the financial resources that they need to thrive, regardless of their parents’ relationship status.

Virginia uses the income shares model to determine child support, determining a total child support obligation based on both parents’ combined monthly income and other factors. This obligation is then divided based on each parent’s income and factors such as custodial time. Our Virginia Beach child support attorneys can help you determine your rights related to child support, including assisting you with modifying or enforcing a child support order.

At Poole, Brooke, Plumlee, we provide compassionate, experienced legal representation to individuals and families across a range of Virginia family law matters. Whether you are going through a divorce, need to determine child custody, or need advice about child support, we can help. Reach out to our law offices to set up a consultation with a Virginia Beach family lawyer.

Understanding Child Support in Virginia

In Virginia, child support is governed by state law and calculated using established guidelines. These guidelines are designed to create consistency and fairness across cases while prioritizing the well-being of the child.

In most situations, child support is based on several key factors, including:

Each parent’s gross monthly income
The number of children that each parent has
Custody and visitation arrangements
Health insurance and childcare costs
Any special needs that the child or children may have

Although the guidelines provide a formula, each case is unique. Courts have discretion to deviate from the guidelines when appropriate. This makes it all the more important to have a Virginia Beach child support lawyer to represent your interests and advocate for you in court.

How Child Support Is Calculated

Virginia uses an income shares model to determine child support. This formula estimates the amount of financial support that a child would have received if the parents were living together.

The calculation starts by determining each parent’s gross monthly income, which is input on a worksheet. Gross income includes more than just salary or hourly wages. It may also include other sources of income, such as:

Bonuses and commissions
Self-employment income
Rental income
Dividends and investment income
Spousal support
Gifts and prizes
Retirement or pension income

Gross income does not include public assistance benefits or child support payments for a child from another relationship. Parents can also deduct certain expenses from their gross income, such as reasonable business expenses, spousal support paid pursuant to a court order, and child support paid for a child from another relationship.

Accurately determining income is essential. Even small discrepancies can significantly impact the support amount.

Virginia’s child support guidelines include a table that shows the basic total child support obligation based on the parents’ combined monthly income and the number of children that they have. Each parent will then be responsible for their share of that total obligation based on the proportion of their share of the combined gross income. For example, if the non-custodial parent’s income is 55% of the combined income, then they would be responsible for 55% of the total support obligation (subject to adjustments and credits).

The table is a starting point for determining child support. Virginia’s guidelines allow for adjustments based on the cost of healthcare coverage for the child and childcare expenses. These expenses are divided between the parents. Whichever parent pays these costs will then get a credit against their child support obligation.

The question of who pays child support often comes down to two factors: each parent’s income and their custodial time. If one parent is considered the primary custodial parent, then the other parent will likely pay child support to them.

In situations involving shared custody (where a child stays overnight with each parent at least 90 days a year), child support obligations may not be as obvious. The child support guidelines include a formula for shared and split custody (when each parent has physical custody of at least 1 of their shared children). If you have questions about how child support payments work in these situations, our Virginia Beach child support attorneys can help you understand how child support will likely work based on the facts of your case.

Why Child Support May Vary from the Guidelines Amount

Under Virginia law, the guidelines amount for child support is presumed to be correct. However, judges can order a different amount of child support if this amount would be inappropriate or unfair in some way. Before doing so, a judge will have to consider whether an adjustment would be in the best interests of the child(ren).

To make this determination, a court will consider factors such as:

The parents’ custodial arrangements, including the cost for the child to travel between parents
The parents’ earning capacity, debts, financial resources, and special needs
Whether either parent is providing financial support for other family members
The child’s standard of living during the marriage or relationship
Imputed income for a parent who is voluntarily underemployed or unemployed
The child’s special needs
Any court-ordered payments for the child’s benefit, such as life insurance and education expenses
Any debt that either parent has taken on for the child’s benefit
Any extraordinary capital gains for either parent (such as the sale of the marital home after a divorce)
Whether either parent received income-producing property as a result of property division in their divorce
Any independent financial resources that a child may have
Tax issues (such as the child tax credit and child care credit)

These potential adjustments can make a significant difference in child support obligations. If you have any questions about child support in your divorce and/or child custody case, our Virginia Beach child support attorneys can advise you of your rights.

Establishing and Enforcing Child Support Orders in Virginia

If you are married to your child’s other parent, then child support will be handled as part of the divorce process. Otherwise, you can seek a child support order through the Virginia Department of Social Services, Division of Child Support Enforcement. You can also file a petition to establish child support with the Juvenile and Domestic Relations Court in the city or county where the child lives.

It is possible to work out a child support agreement with your ex/co-parent. However, it is important to understand that these agreements must comply with Virginia law. For example, because child support is for the child, not the parent, you cannot agree to end a parent’s duty to financially support their child. You also cannot agree that a Virginia court cannot change or enforce a child support order.

If you do come to an agreement about child support, it should be submitted to the court for approval. It will then become an enforceable order. If the child support amount varies from the guidelines, then you will need to explain the reasoning to the court. A judge will then decide if this agreed amount serves the best interests of your child before approving the agreement.

Child support payment is usually paid through an income withholding order so that the money comes out of the paying parent’s paycheck. In some cases, income withholding isn’t an option (such as for self-employed parents). In these situations, child support can be paid online, via kiosk, through a check to the Division of Child Support Enforcement, or even through phone payments.

If your ex is behind on child support, there are 2 options for enforcing the order:

Apply for services with the Division of Child Support Enforcement (DCSE). The agency will then work to enforce the order through measures such as getting an income withholding order, garnishing tax refunds or bank accounts, seizing and selling property, and even getting the parent’s driver’s license suspended.
File a motion to show cause in court. This motion will ask the judge to find the delinquent parent in contempt of court. If the motion is granted, then the other parent could face fines and jail time.

Our Virginia Beach child support attorneys can walk you through these options and help you decide on the best course of action.

Child support obligations generally end when a child turns 18 or is legally emancipated. If a child is a full-time high school student, not self-supporting, and living in the home of the parent who receives child support, the obligation will continue until they turn 19 or graduate from high school, whichever occurs first. Courts can also order support for an adult child with a severe, permanent mental or physical disability in certain situations.

Modifying Child Support in Virginia

It is possible to change or modify a child support order in Virginia. First, you can request that DCSE review the support order once every 3 years. Second, if it has been less than 3 years since the order was established or modified, you can get a review if:

There has been a change of at least 25% in either parent’s income, the cost of child care, or the cost of child care.
The existing child support order doesn’t include a provision for health care expenses.
A child needs to be added to or taken off of the order, or a child covered by the order is no longer eligible to receive support.
Either parent’s income is changed due to being recalled to active duty.
The parent who owes support is incarcerated for at least 180 consecutive days.

If the review shows that a modification is warranted, then DCSE can file a modification request with the court. In some situations, DCSE can make adjustments to a child support order without filing a request with the court.

You can also file a petition to modify child support directly with the court without going through DCSE. To succeed, you will need to demonstrate that there has been a material change of circumstances that would impact the child’s needs or the parent’s ability to pay support. This could include many of the same situations as listed above, along with things such as changes in custody arrangements.

Keep in mind that when you request a modification to child support, the judge will review the case and perform the calculation using the Virginia child support guidelines based on current numbers. This could mean that the court adjusts the child support obligation in a way that you did not anticipate (such as increasing child support after you requested a decrease). For this reason, it is a good idea to consult with a Virginia Beach child support lawyer before filing this type of motion.

Reach Out Today to Talk to a Virginia Beach Child Support Attorney

Child support decisions can have long-term financial and emotional impacts on your family. Whether you are establishing support for the first time, seeking a modification, or dealing with enforcement issues, having the right legal guidance is essential. If you need assistance with a child support matter in Virginia Beach, our experienced legal team is here to help.

At Poole, Brooke, Plumlee, we offer thoughtful legal advice to parents involved in various family law matters, including child custody and child support. We work with parents to help them achieve the best possible outcome while advocating for the best interests of their children. To learn more or to schedule a consultation with a Virginia child support lawyer, call our law firm at 757-499-1841 or fill out our online contact form.