Attorney
Navigating child custody and support laws during or after a divorce can be a challenging process. In Virginia, the legal framework prioritizes the well-being of children, ensuring they receive the support and stability they need. For those aged 45-60 dealing with family law matters, having a clear understanding of these laws is essential. Here’s what you need to know.
Virginia Code § 20-107.2: Custody and Support of Children
When a marriage ends—whether through divorce or separation—the court may issue orders regarding the custody, visitation, and financial support of minor children. These orders aim to provide children with a secure environment and sufficient resources for their well-being. Courts may also address the support of children over 18 in specific circumstances, such as when the child has a severe disability or remains in high school full-time.
How Long Does Child Support Last?
In Virginia, child support obligations generally continue until the child turns 18. However, there are exceptions:
- If the child is still in high school full-time, not self-supporting, and resides with the parent receiving support, payments may continue until the child turns 19 or graduates, whichever comes first.
- Support may extend indefinitely for children with severe and permanent mental or physical disabilities that prevent them from becoming self-sufficient.
How Is Child Support Calculated?
Virginia uses child support guidelines to calculate payments, considering factors like the number of children and the parents’ combined income. While the guidelines provide a baseline, courts may adjust the amount based on specific circumstances, such as:
- Each parent’s earning capacity, financial resources, and debts.
- Custody and visitation arrangements, including travel expenses for shared parenting.
- The child’s standard of living before the divorce.
- Any special needs the child may have, including medical, emotional, or educational needs.
- Independent financial resources the child might possess, such as a trust or inheritance.
What Can a Child Support Order Cover?
Child support orders often go beyond basic monthly payments and can include:
- Healthcare Costs: Courts can require parents to share the cost of medical insurance and unreimbursed medical expenses.
- Childcare Expenses: Necessary childcare costs related to a parent’s employment may also be included, as long as they are reasonable and required for the child’s well-being.
When Can Child Support Deviate from Guidelines?
While Virginia law assumes that guideline-calculated support amounts are appropriate, judges may adjust payments if the amount would be unfair or inappropriate given the family’s circumstances. Factors influencing deviations include:
- Extraordinary expenses for the child or either parent.
- Court-ordered financial obligations for the child, such as education or life insurance costs.
- The parents’ tax implications, such as credits or exemptions related to child support.
Why Understanding Child Support Laws Matters
Child support and custody arrangements play a vital role in ensuring the emotional and financial well-being of your child. For parents in their 40s, 50s, or 60s, understanding these laws helps create a strong foundation for their child’s future, especially during transitions like divorce or separation.
Contact an Experienced Fairfax Child Custody Attorney
At Randall J. Borden Law Firm, we know that navigating child custody and support laws can feel overwhelming. Whether you’re seeking to establish support, enforce an existing order, or address unique circumstances, our team is here to guide you through every step. We are committed to protecting your parental rights and ensuring your child’s best interests are always prioritized. Contact us today to schedule a consultation and take the first step toward resolving your custody or support concerns with confidence.