Going through a divorce is undeniably difficult. However difficult the circumstances surrounding separation may be, the main responsibilities of the parents remain – they still need to look after their kids’ well-being. 

This is where an understanding of child support laws can be invaluable. A grasp of these laws allows parents to make informed decisions that prioritize their children’s needs. 

So, how do you navigate the intricacies of child support laws in Virginia? Let’s delve into the key aspects you need to know:

Child Support is Both Parents’ Shared Duty

Parents are legally obligated to care for their children’s financial necessities, regardless of their relationship status or whether they’re married or not. So, even if parents have separated or divorced, they must continue to fulfill their financial duties towards their children. This responsibility holds, regardless of the personal choices of the parents.

How to is Child Support Amount Determined?

Since money is involved, you might be wondering how to determine child support payments. Unfortunately, it’s not as simple as taking a fixed percentage from a parent’s paycheck. Several factors come into play when determining the income for child support. 

To ensure consistency and fairness, child support payments in Virginia are calculated using guidelines established by the state, and they are based on the following factors:

• The combined income of both parents
• The parents’ benefits
• Spousal support
• The number of children
• Rental income, and
• Many other forms of financial support

Allocation of Child Support Payments

Let’s talk about how child support payments are split between parents. 

How we divide the resources depends on two main things: (1) who has custody of the child and (2) how much each parent makes. The noncustodial parent, more often than not, pays a significantly “higher” portion towards child support. This is because the parent with custody typically incurs the day-to-day expenses of raising a child.

Do not take these guidelines as gospel, though. It is still possible for the judge to deviate from the guidelines and order a different amount based on what they believe is fair. Remember, the goal is to ensure that the child’s needs are met while considering the parents’ financial circumstances. 

What happens if a parent voluntarily becomes unemployed or underemployed to avoid financial support obligations? 

If a parent voluntarily becomes unemployed or underemployed to avoid financial support obligations, the court can impute income to that parent. Meaning the court can assign an amount based on the parent’s earning potential rather than their current actual income.

The court takes this action to prevent parents from intentionally avoiding their responsibility to financially support their child. 

Payment Methods and Options

In Virginia, child support orders are sometimes enforced through income withholding. This means that the paying parent’s employer deducts the support payment from their paycheck and sends it directly to the designated recipient. In cases where that’s not possible, the state provides a few other payment options as well, such as through the DSS MyChildSupport portal, payment kiosks situated in child support offices and courts, TouchPay Payment portals, and many others. 

It’s crucial to comply with the specified payment method to avoid legal complications and maintain a transparent and accountable system.

Is It Possible to Request the Modification of Child Support Orders?

The short answer is yes.

If either parent’s income changes substantially, the parents can request a modification of the existing child support order. The same is true if there are significant changes in childcare expenses, healthcare coverage, or other relevant factors. 

Normally, modifications can be requested every three years, but they can also be allowed when certain special circumstances arise. To initiate an amendment, you may contact the Virginia Department of Social Services (DSS). 

When Do Child Support Obligations End?

Normally, parents are expected to fulfill their financial obligations until their child turns 18. Support can also cease once the child achieves legal emancipation. However, there are certain exceptions. 

For example, children who are financially dependent on their parents can continue receiving support until they either finish high school or turn 19. Child support can also continue for disabled children who can’t live independently.

How are the Child Support Laws Enforced in Virginia? 

It’s vital for any parent to understand that failure to provide child support in case of separation can have serious consequences. After all, timely and consistent child support payments can directly impact the child’s well-being. 

The enforcement of child support laws lies heavily on the Virginia Division of Child Support Enforcement (DCSE). If a parent doesn’t pay support on time or at all, the Virginia Division of Child Support Enforcement (DCSE) has the power to take different actions to collect the money they owe.

Do you have trouble receiving child support payments? If so, consider filing a formal petition to enforce the support order in court. This intervention can lead to consequences for the non-paying parent, such as wage garnishment, tax refund interception, suspension of licenses, fines, jail time, and other enforcement measures.

Final Thoughts about the Child Support Laws in Virginia

It’s totally understandable if Virginia’s child support laws seem confusing to you. But we’re confident that with the right knowledge and guidance, you can navigate this process successfully.

We hope we covered the essential aspects of child support laws in Virginia. By understanding these key points, we’re confident you’re better equipped to make informed decisions in protecting your child’s best interests.

If you’re navigating through divorce and child custody, having a reliable family law attorney during this difficult time can make a difference. They can give you valuable advice so you can make informed decisions that protect your interests and those of your children. So, it’s worth reaching out if you don’t have one yet. 

At Family Law Group, we understand that no two families are alike. That’s why our team, comprised of seasoned family law professionals, is eager to provide you with advice tailored to your specific situation so you can seamlessly navigate the complex landscape of family law. 

Connect with us today for further details!