Child support is an integral part of most divorce agreements between two parents. In Virginia, both parents, regardless of their marital status, are obligated to financially support their children. This responsibility stays in effect until the child reaches eighteen years of age or becomes legally emancipated.
While there may be circumstances that warrant a change to previously agreed-upon custody arrangements, the custodial or noncustodial parent can’t make this change on their own (even if they both agree to the new terms) without court approval. The parents need the help of a child custody attorney in Virginia Beach to get this done.
Agreements solely between parents lack enforceability. However, both parents have the right to modify their obligations, provided these adjustments are sanctioned and reviewed by a judge.
In Virginia, these modifications must meet specific legal criteria and prioritize the best interests of the child. To navigate potential legal challenges in negotiating child support, it’s important to seek guidance from an experienced family law attorney from Coastal Virginia Law.
How to Update Child Support Arrangements
The noncustodial parent can request the court to decrease their child support obligations by providing documentation of significant life changes that justify the reduction. They must demonstrate that their inability to pay the original amount is not a result of voluntary actions and that new circumstances arose after the initial child support was set by the court.
Material changes could include medical expenses from unexpected emergencies, substantial improvements in the custodial parent’s financial situation, and changes in Virginia’s child support guidelines.
No Guesswork Involved
The Commonwealth of Virginia implemented a child support calculation formula, providing a structured approach for figuring out the amount that will be required to be paid to the custodial parent. This formula considers various factors, such as income, childcare expenses, days spent with each parent, and other considerations.
Child support orders end when the child reaches the age of eighteen unless the child satisfies the following conditions:
- The child is still enrolled in high school
- They are not financially independent
- They continue to reside with their custodial parent
In these scenarios, the custodial parent can request ongoing child support until the child either turns nineteen or completes high school, whichever comes first. In situations where the child has severe and permanent disabilities, the court may mandate support beyond the age of eighteen. In these cases, the child must not be living independently and must reside within the parental home.
What Happens If You Don’t Pay Child Support
In Virginia, the repercussions for not paying child support can be significant. If you ever find yourself concerned about your ability to fulfill your child support obligations, consult an experienced family law attorney right away–they can assist in minimizing the risk of penalties due to missed payments.
Potential consequences for unpaid child support are:
- Financial penalties: Virginia courts may order wage garnishment, tax refund garnishment, or the withholding of government benefits.
- Personal penalties: Nonpayment might result in the suspension of your driver’s license and other licenses you hold, your passport not being renewed, and the situation being reported to your employer and Virginia credit agencies.
- Criminal penalties: In certain instances, Virginia courts may deem nonpayment to be in contempt of court, carrying the potential of a jail sentence.
Given the severity of these penalties, it is strongly recommended that you stay current with child support payments. If there’s any chance of missing a payment, contact a family law attorney as soon as possible.
Don’t Be Tempted
Even if the custodial parent verbally agrees not to ask for child support while you are having financial difficulties, don’t do it. If that parent changes their mind, they could file a claim against you for nonpayment.
In the absence of a court-approved agreement that modifies child support, nonpayment puts the noncustodial parent at risk of being severely punished. Instead of relying on an oral agreement to stop child support payments, talk to Coastal Virginia Law first about formalizing a change in your child support payment schedule.
Wondering if you can get custody of a child that’s not yours or if a divorce lawyer can handle child custody cases? Don’t miss our latest posts!
