When parents divorce or separate, one of the most critical issues they must resolve is how their child’s financial needs will be met. Child support plays a vital role in ensuring your child has the resources they will need to grow, learn, and thrive. At Melone Hatley, P.C., our Richmond child support attorneys are committed to helping you secure fair and appropriate support arrangements. Whether you are establishing support, seeking a modification through the court, or enforcing an existing order, our experienced team is here to guide you through the process and advocate for your and your child’s best interests.
How is Child Support Determined in Richmond, Virginia?
Child support is designed to ensure that children continue to receive the financial care and support they need, even if their parents are no longer together. In Virginia, as in most states, both parents continue to share the legal obligation to financially support their children even after a divorce or separation.
Courts use state guidelines to calculate how much financial support one parent may owe the other. These guidelines aim to provide a fair and consistent framework that considers both parents’ resources and the child’s needs. The court may also deviate from these guidelines when there are special circumstances.
Virginia statutory guidelines for child support consider several key factors that include
- Each parent’s gross monthly income
Child support is largely based on each parent’s gross monthly income, which includes wages, salaries, bonuses, commissions, pensions, rental income, investment earnings, and self-employment income. If a parent becomes voluntarily unemployed or underemployed or is earning less than they reasonably could, the court may assign income based on their earning potential. - The number of children requiring support
The total number of minor children shared between parents directly impacts the amount of support. Virginia guidelines proportionately increase the financial obligation based on how many children are being supported. If a parent is already paying support for another child or has other court-ordered financial obligations, these can also affect the support calculations. - The parents’ physical custody arrangements
The time each parent spends with the child is a significant factor in child support determinations. In shared physical custody arrangements where both parents have substantial parenting time, the support amount may be adjusted to reflect each parent’s contribution to day-to-day care. - Any costs related to health insurance or medical care
If one parent provides health insurance or pays for other medical costs for the child, these will be considered in the support calculations. - Any work-related childcare expenses
If one parent pays for daycare, after-school care, or a babysitter so they can work or attend job-related training, these expenses will be considered in the support calculations to ensure that the financial burden of childcare is shared fairly between both parents. - Any special needs or extraordinary expenses for the child
If a child has unique medical, educational, or developmental needs that result in higher-than-usual costs, these expenses can be considered in the child support calculation. These are considered on a case-by-case basis to ensure the child’s needs are met and both parents contribute fairly.
How Does Custody Affect Child Support in Virginia?
Custody arrangements play a significant role in how child support is calculated and allocated in Virginia. The amount of time each parent spends with the child, known as parenting time, can directly influence the amount of support one parent may be required to pay.
Virginia recognizes three types of physical custody structures.
- Shared physical custody is where each parent has the child for at least 91 days per year. This approach reflects the idea that both parents contribute to the child’s direct needs during their respective parenting time, which can result in a reduced support amount.
- Sole physical custody is where one parent has the child the majority of the time, and the other parent has scheduled visitation. In this case, the noncustodial parent typically pays the full guideline amount.
- Split custody is when there are two or more children, with each parent having primary custody of at least one child. In this case, support is calculated separately for each household and the amounts are offset.
Even in shared custody arrangements, it’s important to note that a significant disparity in income may still result in one parent paying more child support to the other. Courts aim to balance financial contributions so that the child enjoys a consistent standard of living in both households.
At Melone Hatley, P.C., our skilled Richmond child support attorneys help clients navigate the child support process, from calculating the guideline support to presenting relevant evidence that ensures decisions are made fairly and accurately.
Richmond Child Support
Lawyer Near Me
(804) 893-5067
What Happens if Child Support Payments Are Not Made?
When the parent ordered to pay child support fails to make timely payments, it can create serious financial hardship for the other parent and disrupt the child’s stability. Virginia courts have enforcement mechanisms in place to ensure child support obligations are met.
If the obligor falls behind or refuses to pay, the receiving parent can take legal action to enforce the support order. The Division of Child Support Enforcement or the court can step in and use a variety of tools to collect overdue payments, including
- Wage garnishment that automatically deducts child support from the obligor’s paycheck
- Seizure of tax refunds, redirecting state or federal refunds to cover arrears
- Suspension of driver’s or professional licenses
- Placing liens against property or bank accounts
- Contempt of court proceedings, which can result in fines and jail time in severe cases
Unpaid child support does not simply go away over time and continues to accrue interest. Because child support is considered a legal right of the child and not just a financial agreement between parents, the court takes these matters seriously. If you are struggling to receive the support your child is owed, or if you’ve fallen behind and need help addressing the issues legally and proactively, the Richmond family law attorneys at Melone Hatley, P.C. can help you understand your options and take action.
When Does Child Support End in Virginia?
In Virginia, child support typically continues until the child reaches the age of majority, which is 18. However, support may continue beyond that point under certain circumstances.
Standard Termination of Support
In most cases, child support ends when the child
- Turns 18 years old, and
- Has graduated from high school
If the child is still a full-time high school student at the age of 18, child support will continue until the child either graduates, turns 19, or no longer lives at home, whichever comes first.
Exceptions to This Rule
In certain circumstances, child support may continue beyond the standard timeframe. These can include
- A child’s permanent and severe disability that requires support to continue for an extended period or indefinitely, depending on the child’s needs and the court’s determination
- Agreements between parents, where they voluntarily agree to extend support to cover expenses like college tuition or ongoing medical care
Can Support Ever End Early?
While child support generally continues until the child turns eighteen or graduates high school, events that reflect changes in the child’s legal status or living arrangements can make continued support unnecessary or legally inappropriate. Examples of this include
- The child gets married before reaching the age of 18. Marriage shifts legal responsibility for financial support from the parents to the child’s new spouse.
- The child enlists in the armed forces full-time. In this case, the child is considered self-supporting and no longer dependent on their parents.
- The child changes living arrangements and begins living with the parent paying child support. This is often part of a larger custody modification and should be approved by the court to avoid legal complications.
Protecting Your Child’s Future Starts Here
Child support is more than a financial agreement between parents. It’s a serious court order ensuring your child has the financial resources they need to feel secure and supported.
Whether you want to establish, modify, or enforce child support obligations, the experienced Richmond child support lawyers at Melone Hatley, P.C. are here to help you navigate the process. We understand the emotional and financial challenges that come with child support disputes. Our legal team provides strong legal support and advocates for a fair outcome that protects your and your child’s best interests. Contact us online or call our Richmond office at (804) 893 – 5067 to schedule time with one of our Client Services Coordinators.
