Both parents are responsible for their children, even after a divorce. If one parent has primary custody, it doesn’t mean the other parent isn’t required to continue providing support. Effectively calculating Virginia child support plans can be a little complicated—after all, state laws can be pretty confusing at some times.
From wondering how you file for child support to how the amount is calculated, we’re taking a look at these and other commonly asked questions. Hopefully, this helps make the process go a little more smoothly for everyone involved.
Frequently Asked Questions About Child Support in Virginia
As you’re reading through the following questions, keep in mind that every case is different. These answers are designed to give you a general understanding. There may be some legal nuances depending on your unique situation.
How Do You Receive Child Support?
Child support isn’t automatic. Some couples can work out the arrangements in divorce mediation. If so, all that’s left is to present the child support proposal to the judge and wait for their approval. This is usually the easiest and fastest way of securing child support.
Unfortunately, it’s not always an option for some divorcing couples. They may find it impossible to reach an agreement, even in mediation. A former spouse may simply not want to live up to their family obligations.
When this happens, your next step is filing a petition in Juvenile Court. Yes, most child support claims are handled in juvenile court instead of in family court. The reason is that the petition for child support concerns a minor. Almost all legal cases involving minors are heard in Juvenile Court.
The court will serve your former spouse with your child support petition. If an agreement is reached, child support payments typically start within a few weeks. Otherwise, your petition heads to trial. A judge will listen to arguments from both sides before deciding whether or not to award child support.
How Does Virginia Calculate Child Support Amounts?
Virginia typically bases child support payment amounts on the parent’s gross income. The state defines gross income as anything from salaries, wages, and commissions, to pensions, severance pay, investments, and benefits. This is only an example of what’s included on the extensive list. Basically, if something is bringing money into the home it’s considered gross income. This can even include lottery winnings.
The court will require both parents to provide proof of income. The judge also looks at other factors like daycare costs, health insurance premiums, and any other type of required child care. Yes, you need to provide proof of these costs if you want them calculated into child support payments. Otherwise, you’ll probably only receive a small percentage of your former’s income in child support.
Do I Have to Account for Child Support Payments?
A common question parents receiving child support have is if they need to track all of their spending. This is a valid question since child support payments have a very specific purpose. Ideally, all money from the support payments is intended for the child. The monthly checks should cover things like food, clothing, toys, education, medical, and extracurricular activities.
Legally, the parent receiving support doesn’t have to track every penny spent. This means you don’t need to create a spreadsheet and save every single receipt.
However, the parent paying may want to start saving any canceled child support checks if their former spouse has a habit of creating issues. The canceled checks serve as proof you’re making the payments on time and in full. If the court believes a child support order is being violated you can face fines and even the possibility of jail time.
Can I Modify a Child Support Order in Virginia?
Before we get into modifying a child support order, you must adhere to the terms of the original agreement. This applies until the court decides whether or not to modify the child support agreement. Stopping or reducing payments during the modification process can be seen as a violation of a court decree. You may find yourself facing contempt of court charges.
You and your former partner can work out a new child support agreement, but the old one will still be in effect until the court makes a decision. If you can’t reach an agreement with your former spouse, you can file a petition in court. The petition is known as a Motion to Amend.
Before the court will even listen to a petition, you and/or your spouse must have a valid reason for trying to change child support terms. The reasons can include a job loss or a significant reduction in gross income. If you can prove you’re no longer able to meet the child support demands, the amount may be reduced.
On the other hand, if the child’s needs become more expensive, the amount of support can be increased. A medical condition is a valid reason for requesting an increase in child support payments.
Does Child Support Have an Ending Date?
Don’t worry if you’re the one paying child support, it’s usually not a lifetime commitment. Most of the time, child support ends when the child turns 18 or graduates from high school. There can also be exceptions. Not all students graduate at 18. If this applies to your child, you may be paying child support until their 19th birthday.
Any children with a severe mental or physical disability may also receive child support past their 18th birthday.
Who Enforces Child Support Orders in Virginia?
Unfortunately, no one really enforces child support orders regardless of which state you call home. The only way you can try to have a child support order enforced is to file a complaint in court. Filing a non-payment complaint can be time-consuming; you’re also going to need to provide proof.
The best way to navigate this legal hurdle is usually partnering with an experienced divorce or family law attorney.
Ensuring Your Child Receives Adequate Support
Unfortunately, not all parents are willing to financially support their children. Even when both parents are active and present in a child’s life, attempting to understand and properly navigate Virginia’s varying child support laws can definitely be challenging.
To help make sure that your child has the support they need to thrive and be at their very best, work with an experienced attorney to get them the support they need.
