All parents, regardless of their marital status, are legally required to support their children. Though most parents comply willingly with this directive, during the tense conflicts surrounding divorce child support issues often become contentious. This is when residents of Virginia benefit from contacting Randall J. Borden, Attorney at Law.
Randall Borden is a highly capable attorney with an in-depth understanding of state and federal law. More than that, he has a nuanced perspective on calculating child support and handling obstacles that get in the way of payments. He is also adept at seeing to it that child support is enforced and modified as necessary. You will feel confident consulting with him about all related matters and can trust him to provide you with moral support as well as excellent legal representation.
How Child Support Is Calculated in Virginia
Each state has its particular regulations in calculating the amount the noncustodial (in the case of sole custody) or higher-earning parent (in the case of joint custody) is required to pay for child support. It is assumed that in most cases of sole custody, the noncustodial parent will pay since the custodial parent is paying the child’s expenses daily. Once you contact our Fairfax office, Randall Borden will discuss your state’s specific details laws with you.
Child support is designed to cover the child’s basic needs for housing, food, and clothing. It also takes into account the costs for the child’s recreational, social, creative, and sports activities. Each state’s guidelines calculate the approximate amount of money the family would spend if it were still intact to determine the amount the paying parent should supply.
Factors Considered in Determining Child Support
To determine child support, the court will consider any of the following that apply in your case:
- Parental incomes (e.g. salary, wages, bonuses, overtime, tips, freelance work)
- Business income (from self-owned as well as partnership or corporate enterprises)
- Workers’ compensation benefits and settlements
- Government benefits (Social Security, disability, or veteran benefits)
- Unemployment compensation
- Dividends and interest on savings and investments
- Pension, retirement, and annuity payments
- Rental income from owned properties
- Royalties and trusts
- Spousal support from a previous marriage
- Number of children each parent has
- Custody arrangements
- Expenses for medical costs, extracurricular activities, psychotherapy, etc.
Because of the number and complexity of the factors that may be used to determine child support, it is critical to have a lawyer who has both a comprehensive knowledge of state law and empathy for your financial position. In both cases, Randall Borden is the right choice.
How Child Support Is Enforced in Virginia
Even after the divorce agreement is agreed to and signed by both parties, there are frequently obstacles to the smooth transfer of funds. In some situations, financial hardship may affect the paying parent; in others, payments are delayed or withheld out of sheer vindictiveness. Either way, once a child support order is in place, the paying parent is legally obligated to make child support payments in full on the proscribed schedule. Enforcement measures that may be imposed include:
- Withholding income
- Intercepting state and/or federal tax refunds
- Suspending licenses
- Refusing to issue passports
- Issuing negative reports to credit bureaus
Various other methods can be used to ensure compliance with child support obligations. In extreme cases, even incarceration is used as a tool for enforcing child support, though this is rare since a jailed parent is unlikely to be able to contribute child support.
Child Support Modifications
Even with the best of intentions, unexpected life events may make it impossible for some parents to meet their child support obligations, at least temporarily. Ill health, a serious injury, loss of employment, or heightened expenses to meet the needs of the child — any of these may require a modification of the arrangements.
Randall Borden is well-positioned to assist you in filing the necessary paperwork to alter child support arrangements when necessary, always making certain that your child’s rights are protected.
Courts will consider modifications for the following reasons:
- Changes in child custody arrangements
- Involuntary unemployment of one parent
- Substantial increase or decrease in either parent’s income
- Increased medical or educational costs of the child
- Incapacity of either parent that negatively impacts the wage-earning capability
- Either the parent’s substantial inheritance or other windfall
How Long Do Parents Have To Provide Child Support in Virginia?
In both states, parents must support their children through age 18 (19 if they are still finishing high school). It should be noted, however, that there is no statute of limitations on back payments — the money is owed until the debt is fully paid off. Also, parents are obligated to support a child with a disability that makes them unable to work into adulthood.
Consult With Our Compassionate & Experienced Fairfax Child Support Attorney
When it comes to making sure your child gets the support they need to grow and thrive and that your financial interests are protected, Randall Borden has the same goals as you. Contact him now for the personalized attention you will get only from working with the lead attorney of a practice with a 30-year history of beneficial counsel and successful legal representation.