As you know, child support matters often bring a mix of emotions and challenges. At Melone Hatley, P.C., a Norfolk child support lawyer can offer the guidance you need during this time. Whether you’re looking to establish or modify a child support order, we’re here to help.
Our Norfolk family law lawyer team understands the importance of protecting what matters most. We’ll work with you to secure your family’s future while advocating for your rights as a parent.
Melone Hatley, P.C. is committed to protecting your family, your finances, and your future. Reach out today to discuss your family law needs with our caring and professional team.
Understanding Child Support and Its Role in a Custody Agreement
Child support refers to payments made by a noncustodial parent to help cover the basic needs of their child and support the child’s well-being. This financial responsibility is often part of a custody agreement and is vital in maintaining the child’s stability.
You may be eligible to apply for child support in several situations:
- You are the legal parent or guardian with sole custody of the child.
- You share joint custody of the child as a legal parent or guardian.
- You have a “legitimate interest” in the child, such as being a relative or grandparent.
- Your child is over 18, and you are owed overdue support from an established child support order.
Virginia law requires both parents to contribute to their child’s financial needs. The Department of Social Services, through the Division for Child Support Enforcement (DCSE), oversees and regulates these payments. Our attorneys are here to guide you through this process.
Schedule your free meeting with our team today to see if our Child Support Lawyers can help you.
How Child Support Can Be Used
Child support payments are designed to support your child’s overall well-being. These funds can be used to cover their daily needs, such as food, clothing, and housing, as well as their education and safety.
The custodial parent receives these payments to help them provide a stable and nurturing environment for the child. Child support is intended to cover the essential aspects of your child’s life, making sure they have the resources they need to thrive.
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How Child Support is Determined in Virginia
Child support in Virginia is determined based on each family’s unique circumstances. Its goal is to meet a child’s essential needs, including food, shelter, clothing, education, and healthcare.
Your child support attorney will submit a petition on your behalf, and the court will assess whether child support is appropriate for your situation. The amount is then calculated using Virginia’s Child Support Guidelines, which consider the parents’ income, time spent with the child, and other financial factors.
The court may also take into account various considerations, such as:
- Support paid for other children or previous spouses
- Employment status of the parents
- Childcare costs required for work or education
- Custody arrangements and related travel expenses
- Marital debts that benefited the child
- Special needs of the child
- Tax implications and distribution of marital property
While the guidelines provide a standard calculation, the court may adjust the amount if there are specific circumstances that warrant a change, always prioritizing the child’s best interests.
A Norfolk child support lawyer can help you understand these adjustments and advocate for the most favorable outcome for your child.
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Duration of Child Support Payments
In Virginia, child support typically continues until a child reaches 18. However, support may extend beyond this age in certain situations, such as when the child is a full-time high school student, financially dependent, and living with the custodial parent.
If a child has a severe and permanent mental or physical disability that began before turning 18, the custodial parent can request continued support. This extended support is for cases where the child cannot live independently and remains in the custodial parent’s home.
Statute of Limitations on Child Support in Virginia
In Virginia, every child support payment is assigned a specific due date. Under Virginia Code 8.01-251(A), there is a 20-year statute of limitations for collecting each child support payment, starting from the date it is due as outlined in a court order.
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Modifying Child Support in Virginia
In Virginia, either parent can request a modification of a child support order. The requesting parent must demonstrate that significant changes have occurred since the original order was issued.
A child support order may be modified in cases such as:
- The paying parent loses their job or experiences a substantial income decrease (at least 25%).
- One parent receives a significant raise or inherits a substantial amount of money.
- The child develops a disability or health condition requiring additional care.
- Childcare or insurance costs increase significantly (at least 25%).
- The child becomes emancipated, turns 18, or graduates from high school and no longer needs financial support.
The court will consider these changes and may adjust the child support order, always prioritizing the child’s well-being.
What to Do if Your Spouse Stops Paying Child Support
If your ex stops making child support payments, it’s important to contact your Norfolk family law attorney immediately. They will notify the court and take steps to investigate the missed payments.
With our dedicated attorneys on your side, you can feel confident that your child’s other parent will be held accountable for their financial obligations.
Taking Action for Your Child’s Well-Being
Child support matters can be challenging, making it important to have a Norfolk child support lawyer by your side. With the right legal support, you can secure a fair arrangement that meets your family’s goals.
Melone Hatley, P.C. is committed to protecting your family, finances, and future. Their skilled team understands local laws and can confidently guide you through the process.
Don’t leave your child support situation to chance. Contact Melone Hatley, P.C. today to prioritize your family’s well-being and receive the assistance you need during this important time.
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