SUFFOLK CHILD SUPPORT LAWYER

In Virginia, if a parent owes more than $5,000 in child support and is more than a year past due, they can be charged with a felony. If convicted, the parent could face up to two years in jail.

However, there are a few exceptions to this law. For example, if the parent can show that they could not pay the child support due to a good cause, such as unemployment or a medical emergency, they may not be charged with a felony.

If you are facing charges for failing to pay child support, speaking with an attorney to discuss your options is essential. An attorney can help you understand the charges against you and can represent you in court.

Modifying Child Support Orders

Child support orders can be modified if there is a significant change in circumstances. Some common reasons for modification include:

• Changes in income: If a parent experiences a job loss, a significant pay raise, or a change in employment status, child support payments may need to be adjusted.
• Medical emergencies: A serious illness or medical condition may create financial burdens, warranting a modification in the amount of child support.
• Child’s needs: If the child’s needs change, such as requiring special education or medical care, the support amount may need to be increased.

To request a modification, the custodial parent or the parent paying support can file a petition with the court. The court will then review the case and determine if the modification is justified based on:

• Significant change in circumstances: The change must be substantial, such as a job loss or the child’s increased needs.
• Best interests of the child: Any modification must be in the child’s best interest.

Once filed, the court will schedule a hearing to review the request. If the judge finds the change is warranted, they will issue a new child support order.

Enforcing Child Support Payments

If child support payments are not being made, there are several legal actions parents can take:

• Wage garnishment: The court can order that the paying parent’s wages be garnished, meaning a portion of their paycheck will be automatically deducted for child support payments.
• Property liens: The court can place a lien on the parent’s property to ensure that the child support payments are eventually made.
• Contempt of court: If the paying parent refuses to pay, they could be held in contempt of court, leading to fines or even jail time.

The Virginia Division of Child Support Enforcement (DCSE) plays a key role in enforcing child support orders. The DCSE can help locate the non-paying parent, garnish wages, and even suspend the parent’s driver’s license or passport in extreme cases.

Child Support in High-Income Cases

In cases where one parent has a significantly higher income than the other, child support calculations may not always follow the standard guidelines. Some important points include:

• Deviation from standard guidelines: In high-income cases, the court can deviate from the standard guidelines if they believe the basic support formula does not meet the child’s needs. This could result in a higher support amount.
• Additional expenses: The court may consider additional factors such as the child’s extracurricular activities, private school tuition, or any special needs they may have.

In these cases, the goal is to ensure that the child’s quality of life is maintained, regardless of the parents' income levels. The court will typically look at the child’s lifestyle and needs to determine the appropriate amount of support.

FAQs About Child Support in Virginia

Can child support be modified if a parent gets remarried?

• Child support is generally based on the financial circumstances of both parents. If a parent remarries, their new spouse’s income is typically not considered when calculating child support, unless there are special circumstances, such as the new spouse providing direct support for the child.

What happens if the non-custodial parent moves out of state?

• If the non-custodial parent moves out of state, the child support order remains in effect. However, enforcement can become more complicated. The custodial parent may need to work with the Virginia Division of Child Support Enforcement (DCSE) or the court in the new state to continue enforcing payments.

Can child support be lowered if the paying parent loses their job?

• Yes, if the paying parent loses their job, they can request a modification of the child support order. The court will consider the change in circumstances, such as unemployment, and determine if a reduction in payments is appropriate. However, the parent must show proof of the job loss and other relevant factors.

Does child support end when the child turns 18?

• In Virginia, child support typically ends when the child turns 18, but there are exceptions. If the child is still in high school, support may continue until they graduate or turn 19, whichever comes first. Additionally, child support may continue if the child has special needs or a disability.

What if the custodial parent is not spending the child support money on the child?

• If the custodial parent is mismanaging child support funds, the paying parent can request a review or modification of the support order. It may be possible to seek supervised payments or prove misuse of the funds through legal action.

How can I stop child support payments once my child turns 18?

• To stop child support payments when your child turns 18, you must file a petition with the court. The court will review the case and, if appropriate, issue an order terminating child support.

Can grandparents or other relatives receive child support?

• In most cases, child support is paid to the custodial parent. However, if a grandparent or another relative has legal custody of the child, they may be entitled to receive child support payments.