In Virginia, when parents decide to divorce or break up, the courts seek to ensure that children receive financial support from both parents. In the Commonwealth of Virginia, judges determine child support based on the Virginia Child Support Guidelines. This obligation also applies to unmarried parents who share a child. If you are a parent facing divorce or an unmarried parent facing a child support case, you need a child support attorney in Manassas who safeguards the best interests of your children and protects your rights and best interests. For years, Collins Family Law has been protecting the rights of parents needing child support-related services. Contact the Manassas child support lawyers at Collins Family Law for a confidential consultation on your child support case. Call us at (703) 755-7343 or schedule your appointment online today.
Why Choose Collins Family Law?
The Manassas child support attorneys at Collins Family Law have successfully navigated Virginia family law for years with a track record of satisfaction from our clients. We are a full-service family law firm ready to provide compassionate, well-grounded legal counsel and representation for all of your family court needs, including handling your child support case with meticulous attention to detail and the understanding that each case is unique. Our Manassas divorce attorneys‘ tailored approach does the following:
- Uses our deep understanding of the Code of Virginia’s schedule of child support guidelines to ensure we miss no legal points in your child support determination
- Ensures you’re well-prepared on what to expect when achieving a settlement agreement or going to court for a judge to decide your matter
- Guides you through the process the state uses to determine which parent pays child support and your obligations and rights as a parent
- Provides you with experienced allies in your child support determination
Our Manassas family law attorneys take into account your unique circumstances and variables to effectively pursue the best possible determination in your child support case in Manassas.
Understanding Child Support Laws in Virginia
There is a specific definition of child support set by the state of Virginia’s Department of Social Services Division of Child Support Enforcement (DCSE). It reads, “[m]oney paid by a parent to help support a child or children not in the parent’s custody. This money is sent to the person who has custody of the child or children. Child support can be voluntary or can be ordered by a court or by the DCSE.”
Not all child support is determined by courts. The state of Virginia allows you to go through the DSCE instead of going through the process of court. Regardless of the method of acquiring the child support order, it still must be served on the parent who is not retaining custody (known as the non-custodial parent).
How is Child Support Determined in Virginia?
Virginia family courts consider the following when making a legal determination on child support orders:
- The total gross incomes of both parents
- Spousal support payments (in some cases)
- Healthcare contributions
- Daycare expenses
- Any special medical or educational needs of the child
- The amount of time each parent has with the children in their child custody agreement
Ultimately, the courts have the final say in child support orders and may deviate from the child support calculation formula under special circumstances according to The Code of Virginia § 20-108.2 which states that the court’s presumptive formula for child support is rebuttable under the following circumstances:
When “the application of the guidelines would be unjust or inappropriate in a particular case as determined by relevant evidence”
Your Manassas child support attorney from Collins Family Law can advise you whether or not the court is likely to deviate from the guidelines in your unique case. We’re also ready to help with the modification of existing child support orders, paternity in a Manassas child support case, or child support enforcement.
Modifying Child Support In Virginia
In Virginia, parents might seek to modify a child support order due to significant changes in financial circumstances, such as a substantial increase or decrease in income or a change in employment status.
Changes in custody or visitation arrangements, medical needs, or educational expenses could also necessitate an adjustment to the support order. For example, if a child develops new medical needs or requires funding for private school or college tuition, modifications may be required to address these additional expenses.
Additionally, changes in the cost of living, the child’s evolving needs as they grow, or new family responsibilities, such as having additional children, can lead to a request for modification. Disability or illness of a parent or child can also impact financial situations, prompting a need for adjustment.
A Manassas child support attorney will periodically review the support order to ensure it remains compliant with state guidelines and accurately reflects the current circumstances of both parents and the child. When circumstances substantially change, either parent can petition the court for a modification, and a Manassas post-divorce modifications lawyer can assist with navigating this process.
What Can Child Support Payments Pay For In Virginia?
When a spouse is ordered to pay child support, these payments can cover a child’s basic needs and related expenses such as:
- Food and Clothing
- Home and Utilities
- Child Care
- Child Health Care Premiums
- Education Costs
Child support payments help cover the essential living and care expenses that are needed for the child’s overall well-being.
How Can You Get The Child Support You and Your Child Deserve?
To enforce a child support order, most attorneys would tell you that a support decree is enforced through an income withholding process. Income withholding is when a non-custodial parent’s wages are redistributed to the custodial parent to pay for child support.
However, not all non-custodial parents provide for their children as ordered. Whether that individual doesn’t have a regular paycheck or they’re just choosing not to pay, a Manassas child support lawyer can help make enforcement happen through methods such as:
- Seizing state and federal income tax refunds
- Imposing liens on real or personal property
- Reporting the non-custodial parent’s child support debt to credit bureaus
- Confiscating other income or financial assets
- Revoking Virginia driver’s licenses
Contact a Manassas Child Support Lawyer Today
Whether you are a presumptive paying parent or a receiving parent in a Virginia child support case, or you are seeking a modification of existing child support orders due to a significant and ongoing change in circumstances, you need skilled legal guidance on your side. Our Manassas child support attorneys will protect your rights and seek the best possible outcome for you and your child(ren). Contact us today to speak with a Manassas child support lawyer about setting up a confidential consultation about your case. Call us at (703) 755-7343 today.