In Virginia, both parents, whether married or not, are legally obligated to provide for their children. The idea behind child support is to provide the child (or children) with the financial support they would have received if the parents stayed together in a single household.
Each parent is responsible for a percentage of the total child support amount. Your Virginia child custody lawyer can use the state’s detailed guidelines to give you an estimate of the amount each parent will need to pay if you are awarded joint custody. The law assumes that the custodial parent already covers various costs associated with caring for the child, leaving the noncustodial parent responsible for making support payments.
It’s crucial to understand that ‘income’ in this context is more than just a paycheck–salaries, wages, commissions, bonuses, dividends, severance pay, and pensions are all considered in the support calculation.
In cases of divorce involving minors, a child support order is usually part of the divorce agreement. If the parents were never married, a court-issued order is not always necessary. A parent can apply for child support through Virginia’s Department of Social Services (DSS) portal. The DDS can issue a child support order using the same guidelines applied by the courts.
How Child Support Is Calculated
The amount of child support that needs to be paid will depend on the type of custody arrangement in place and the amount of time spent with each parent (e.g., sole versus joint custody, etc.).
For example, let’s say Parent A earns $2,000 per month, and Parent B earns $4,000. resulting in a combined monthly income of $6,000. Parent A would be responsible for one-third of the child support, while Parent B would be responsible for two-thirds. If Parent A is the custodial parent, Parent B would pay their share as per the Virginia guidelines to Parent A each month. The actual amount would be determined by the type of custody the parents share.
If both parents have comparable incomes and equal parenting time, the support payment may be minimal or no child support may be due from the noncustodial parent. However, it’s essential to note that in Virginia, equal custody does not automatically absolve either parent from the obligation to pay child support.
How Child Support Is Paid
Child support can be a contentious issue that stirs unpleasant emotions whenever a payment needs to be made, which often goes on for many years. It’s not always easy for one parent to hand over a check to an ex even when it is for the benefit of their children. This can result in late or missed payments, which further aggravates the situation.
Because of these issues, child support payments in Virginia are typically made through income withholding. In other words, the paying parent’s employer deducts child support from their paycheck and forwards it to the relevant state agency.
However, there are instances (such as a parent being self-employed) where income withholding is not possible. In these cases, the state provides payment alternatives, including allowing them to be made:
- Online through the DSS MyChildSupport portal
- At kiosks in child support offices and some courts
- With the Touchpay Payment Portal
- Via credit or debit card
- By mail sent to the Treasurer of Virginia
- Direct deposit into a bank account
An Attorney Can Help Sort Through Child Support
Child support typically involves one parent making payments to the other. Determining child support, however, is not always a straightforward process.Divorce is hard for everyone involved, and issues related to the care of children can get complicated and emotional. The skilled attorneys at Coastal Virginia Law are extremely knowledgeable about the nuances of child custody laws in Virginia and can help you obtain the best custody arrangement possible. We will also answer any questions you may have, such as whether a custodial parent can waive back child support and if an attorney can help you from losing custody of a child!