Northern Virginia Child Support

A big consideration in family law proceedings for families with minor children is the determination of child support. In Virginia, both parents are required to support their children. Determining whether a parent will have a child support obligation, and calculating the amount, depends on multiple factors, including but not limited to the physical custody arrangement with respect to each child and the income of each parent.

Since Virginia law assumes the parent with primary custody is already supporting any children, the parent without primary custody is typically required to pay child support to the parent with primary custody. The Virginia Code sets out the guidelines used for determining child support obligations. The guidelines consider the number of children that need support, the parents’ combined monthly gross income, the physical custody arrangements, as well as other factors.

• Sole Custody – if one parent has sole custody of all shared children, the child support owed is based on the proportion of each parent’s income to the combined income.
• Split Custody – if one child lives with one parent and the other child lives with the other parent, the support owed is the difference between the amounts owed by each parent as a noncustodial parent according to respective “sole custody” calculations.
• Shared Custody – if parents share custody of a child, the support owed is based on the percentage of days per year the child is with each parent.

Child support is typically paid until a child turns 18 or is legally emancipated. However, if a child is 18, is still in high school, is not self-supporting, and lives with the parent receiving support, that parent can seek child support until the child turns 19 or graduates high school, whichever comes first. Courts may also extend child support payments after a child turns 18, if the child is severely and permanently mentally or physically disabled, is unable to live independently, and resides with the custodial parent.

Factors Considered

The Virginia Code provides for a formula that can be used to determine a presumptive guideline amount of monthly child support. However, a parent can request a deviation from the guidelines and ask the court to raise or lower that amount if they are able to demonstrate a compelling reason to overcome the presumptive guideline amount. When making such a determination of whether to deviate from the guideline presumptive amount, the court considers many factors, including, but not limited to, the following:

• Monetary support for other family members or former family members;
• Custody arrangements, including cost of visitation travel;
• Imputed income to a parent who is voluntarily unemployed or under-employed;
• Debts of either parent arising from the marriage for the benefit of the child;
• Court-ordered payments for maintaining life insurance coverage for the child, education expenses, or other court-ordered direct payments for the benefit of the child;
• Special needs of a child resulting from physical, emotional, or medical condition;
• Independent financial resources of the child;
• Standard of living for the child established during the marriage; and
• Earning capacity, obligations, financial resources, and special needs of each parent.

The court may also consider a written agreement between the parents which includes the amount of child support to be paid. Additionally, courts are permitted to consider other factors as necessary to consider the equities for the parents and children.

Modification of Child Support

Either parent may petition the court to modify the child support amount ordered if there has been a material change in circumstances after the entry of the original child support award. Examples of material changes include medical emergencies, one parent’s financial circumstances drastically changes, either improves or worsens, or substantive modifications to the physical custody schedule.

Additionally, if the non-custodial parent’s income increases, the custodial parent may seek an increase in child support. It’s important to keep in mind that a parent’s lack of ability to pay child support resulting from voluntary unemployment (such as quitting your job), is typically not a sufficient reason to lower a child support obligation. Parents may also enter into a new agreed order modifying child support obligations, but the agreement must be reviewed and approved by a judge. The modification by agreement must still be based on a change in circumstances and be in the best interest of the child. A parent who fails to pay child support may be guilty of a misdemeanor or required to pay a fine, in addition to any missed support payments.

Matters relating to child support are often complex and can seem confusing, so it’s helpful to have the assistance of a family law attorney. Our family law attorneys are experienced in representing both custodial and noncustodial parents in child support matters. Contact one of our family law attorneys today to schedule a consultation to help you navigate the process.