Child support is the required amount of money to be paid by one parent to another, typically by the non-primary parent to the primary parent, in order to care for the child. Child support calculations in Virginia involve not just monetary payment or support, but they also involve the sharing of out-of-pocket medical expenses for their children. When a child support order is entered, a person typically gets a monetary amount that is payable for the support of the children. In addition to that, the court will rule as to how the parents are to share any out-of-pocket medical expenses for the child, based on the percentage of each party’s income to the total combined income.
Often, these legal processes can be complex, and require the assistance of an experienced Leesburg child support lawyer. The right family attorney in Leesburg will be able to produce a strong case that can assist you in achieving the best possible outcome for your situation. A Leesburg Child support attorney will be able to assist you as soon as possible.
Determining Child Support
Child support is determined based on the gross income of both of the parties, the number of children that the parties have together who are under 18, whether either parent has another minor child who they are responsible for supporting, and any costs of work-related childcare expenses for the children that the parties have together. The court also considers health, dental and vision insurance premiums that may be paid by one parent for the children, and any spousal support that may be payable between the parties. A Leesburg child support attorney can aid in best determining the course of action required based on the specifics of a case.
In Virginia, child support is required to be paid until a child is 18. However, if a child turns 18 while they are still in high school and living in the home of the party receiving support, then support will typically continue until age 19 or until the child graduates high school, whichever happens first. If the child is disabled and unable to support themselves, there is also a way to ask the court to extend child support beyond the age of 18 in Virginia.
Recently Acquired Income Deficiency Syndrome
Sometimes, when two parents litigate an issue of child support, one parent may, by coincidence or not, lose a job right before the issue of child support is litigated. This is typically referred to as ‘recently acquired income deficiency syndrome’.
A child support lawyer in Leesburg can help in this circumstance by advising an individual about what can be done in a situation where one parent may have quit his or her job in order to try and avoid paying support. There are some legal methods of recourse, and it is important to consult with a lawyer to learn about what those are.
Modifying Child Support
A person who is paying child support has the right to have child support modified if there is a material change in the circumstances that warrants a change in support. For example, a person paying child support might be laid off a summer job due to company downsizing. In a circumstance like that, they would have the ability to go to the court and ask the court to reduce the support based on the lost income.
The party requesting the modification has to show what the material change is. In that kind of a circumstance, this would mean showing the judge what they were earning when the support order was entered, and what they are earning at the time that the request is made. Also, the court will need evidence of all the other factors that go into the calculation of child support such as health insurance premiums, the income of the other party, et cetera.
Role of an Attorney
It is important for parents going through a divorce to understand the kinds of considerations that are made in calculating child support. Parties may know, for instance, that the court is going to look at the pre-tax income of both of the parents, but there are some nuances that might not be as widely known. For example, there may be a case in which one parent has been fired from their job, and the court may have to determine what rights the recipient of support might have to use that parent’s prior income in determining what the child support obligation should be.
Child support is a rather complicated and nuanced area of the law. When a person faces a child support case, it is important to find a Leesburg child support attorney who has experience in that area. Further, it is important to look for an attorney who has dealt with child support issues in multiple cases before, or maybe even somebody who has some experience in dealing with the Virginia child support enforcement agency. Contact a support attorney in Leesburg for help as soon as possible.