Child Support

Child support is generally a payment made by one parent to help support a minor child. Child support is intended to help cover the necessary costs of raising a child. When child support is not paid as required, it can have significant consequences for both the child and the parent who fails to make the required payments.

In Virginia, child support can be enforced through the Division of Child Support Enforcement (DCSE). Enforcement measures may include income withholding, tax refund intercepts, credit reporting, liens, license suspension, passport denial, and other legal remedies.

A parent who has fallen behind on child support should understand his or her options and the steps that may be available to address the situation. Likewise, when a child is not receiving the support required by an existing order, taking action may be necessary to ensure that the child’s needs are met. In either situation, consulting with an attorney can be important.

Determining Child Support

Both parents are financially responsible for supporting their children. If the parents cannot reach a mutually acceptable agreement regarding child support, Virginia courts generally use child support guidelines to determine the amount of support. The guidelines create a rebuttable presumption that the resulting amount is the appropriate amount of child support, although the court may deviate from the guidelines when the statutory requirements are met.

If circumstances change, either parent may be able to ask the court to review and modify the child support obligation based on the changed circumstances.

Child support laws and regulations vary from state to state. In Virginia, courts generally order support for a child over the age of 18 when the child is a full-time high school student, is not self-supporting, and is living in the home of the parent seeking or receiving child support. In those circumstances, support continues until the child reaches age 19 or graduates from high school, whichever occurs first. Virginia law also allows courts to order or continue support in certain circumstances involving a child who is severely and permanently mentally or physically disabled, is unable to live independently and support himself or herself, and is residing in the home of the parent seeking or receiving support.

Factors Considered in Child Support

Under Virginia child support laws, courts consider factors relevant to determining the appropriate amount of support. These include:

• The parents’ income and earning capacity
• The parents’ financial obligations to other family members
• The child’s financial resources
• Any written agreement between the parents relating to child support
• Custody arrangements
• The child’s standard of living and expenses during the parents’ relationship or marriage

In addition to traditional sources of income, courts may consider other sources of income for each parent, including:

• Workers’ compensation
• Disability payments
• Pension and retirement benefits
• Unemployment payments
• Stipends
• Commissions
• Annuity payments

Courts may also order a parent to provide health care coverage for a child, maintain a life insurance policy, or contribute to additional necessary expenses.

Child Support Enforcement

Virginia’s Division of Child Support Enforcement can assist with establishing and enforcing child support orders, collecting and distributing payments, and reviewing and adjusting support orders.

When a parent fails to make required payments, enforcement measures may include income withholding, tax refund intercepts, license suspension, liens, credit reporting, passport denial, and other remedies.

For parents who are struggling to make required payments because of a change in their circumstances, it is important to understand that a child support obligation does not automatically change simply because circumstances have changed. A parent may need to seek a modification through the appropriate legal process.

How an Attorney Can Help

At Raheen Law Group, we understand the considerations involved in child support matters. Whether you need to establish a child support obligation for your child or address an existing obligation based on your ability to make payments, an attorney may be able to assist you.

An experienced attorney can help you understand your rights and obligations, navigate the legal process, and avoid missing important deadlines or filing requirements. Most importantly, an attorney can help protect your legal rights and interests throughout the process.

Raheen Law Group has the knowledge and experience to assist you with child support matters and help you navigate the legal process.