Portsmouth Child Support Lawyers
Virginia Legal Representation for Child Support Rights
If you are going through a divorce or separation and you have children, then you probably have a million questions. Knowing where to turn can be difficult.
At Kozak & Davis we know how stressful the process of separating can be and we are here for you. An experienced Portsmouth child support attorney can help ensure that your rights are protected and that the best interest of your children remains the priority. We serve Portsmouth, Suffolk and Western Branch, VA.
Need help getting financial support for your child? Contact us online or call (757) 222-2224 for help with your child support case!
What is Child Support?
Child support is a legal obligation that a non-custodial parent has to contribute to the financial upbringing of their child. In Virginia, child support is determined based on state guidelines, which consider various factors to ensure fairness and adequacy in supporting the child's needs.
What Does Child Support Cover in Virginia?
Child support is meant to cover the needs of the child until they reach adulthood. The goal of child support is to ensure that a child's well-being and care are not interrupted after divorce or custody issues.
Child support may cover a variety of needs for the child, such as:
- Food
- Clothing
- Medical expenses
- Education
- Housing
- Everyday necessities
- Extracurricular activities
- Therapy and counseling
- Extraordinary expenses
This is not an exhaustive list of what child support may be used for in Virginia. The financial needs of a child may increase unexpectedly or intermittently, based on each individual's circumstance and living conditions.
Our Portsmouth child support lawyers at Kozak & Davis, P.C. are dedicated to providing comprehensive legal assistance to families, ensuring that the best interests of children are prioritized while protecting your rights.
How Is Child Support Calculated in Virginia?
In Virginia, both parents are required to contribute to the financial support of their shared children, but determining who is responsible to pay child support in Portsmouth, Virginia, and in what amount, can be a complicated matter.
Virginia has child support guidelines to calculate child support payments, but there are many variables and it is rarely a straightforward matter. These variables include:
- The number of minor children you have together
- The net monthly income of both the custodial and non-custodial parent
- If applicable, the amount of alimony being paid by the non-custodial parent to an ex-spouse from a previous relationship
- The monthly cost of daycare which is being paid for by the custodial parent
- The monthly cost of any family group healthcare insurance, also paid for by the custodial parent
Child support can become complex, which is why you should hire a child support lawyer near you that understands Virginia's family laws and guidelines.
Can a Child Support Order be Modified?
After child support in Portsmouth, Virginia is ordered by a judge, it is not necessarily set in stone. Child support can be modified if one of the parties experiences a significant change in their circumstances.
Common reasons for modifying child support include, but are not limited to:
- Job loss / a significant pay cut
- An increase in the child's basic necessities and expenses
- An increase in the child's medical needs
- Remarriage of the custodial parent
If you need the court to modify a child support order, then speak with a Portsmouth child support attorney today to see if you have a case.
Can I Enforce a Child Support Order?
When a non-custodial parent fails to meet their child support obligations, enforcement actions may be necessary. Options for enforcement include:
- Income Withholding: Child support payments can be deducted directly from the non-custodial parent's paycheck through an income withholding order.
- Contempt of Court: If a parent refuses to pay child support, they may be held in contempt of court, which can lead to penalties, including fines or even jail time.
- License Suspension: Maryland can suspend the non-custodial parent's driver's license or professional licenses as a means of enforcement.
- Property Liens: In some cases, liens can be placed on the non-custodial parent's property to secure payment of overdue support.
Why You Need a Portsmouth Child Support Attorney
Our child support attorney in Portsmouth is well-versed on how these cases are handled and will help you collect all necessary documentation of your income and financial resources, ensuring all your paperwork is in order to help you reach a fair child support agreement.
Our child support lawyer in Portsmouth, VA will help you collect and organize all necessary financial documentation, including:
- Tax returns
- Bank statements
- Credit card receipts
- Other income, such as commissions, bonuses, and benefits
- Other documentation of debt
- Proof of childcare expenses
- Proof of disability expenses, if applicable
- Proof of other expenses for the child, such as tuition, medical treatment, etc.
Diligent & Detail-Oriented Legal Representation
At Kozak & Davis we take an aggressive, detail-oriented approach to your case. We work hard to thoroughly investigate your situation, and will make sure that you are aware of all of your legal options.
When you are going through a divorce or separation, your number one concern is for your children. We will use our knowledge and experience to help you achieve an equitable child support agreement.
Have questions about child support in Virginia? Call our Portsmouth child support lawyers today at (757) 222-2224 to start discussing your case.
Commonly Asked Questions
Who Pays Child Support in 50/50 Custody in Virginia?
In a 50/50 custody arrangement, where both parents share equal time with the child, the parent with the higher income may still be required to pay child support. The court will consider the income of both parents and the costs associated with raising the child. If one parent earns significantly more, they may be obligated to provide financial support to help cover the child's expenses, even in a shared custody scenario.
How Long Does a Parent Pay Child Support in Virginia?
In Virginia, child support typically continues until the child turns 18 or graduates from high school, whichever occurs later. However, if the child has special needs or requires continued support due to circumstances such as disability, a court may extend the support obligation beyond the standard age limits.
Can You Opt Out of Child Support in Virginia?
No, parents cannot simply opt out of child support obligations in Virginia. Child support is a legal requirement designed to ensure that both parents contribute to the financial well-being of their child. Any agreement to waive child support must be approved by the court to ensure that it is in the child's best interests.
Does Child Support Increase if Salary Increases in Virginia?
Yes, child support obligations may increase if a parent experiences a significant salary increase. In Virginia, either parent can petition the court for a modification of the child support order if there is a substantial change in income or circumstances. If one parent’s income rises considerably, the court may reassess the child support obligation to reflect the new financial situation and ensure that the child’s needs are met.
Read What Our Clients Say About Us
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” - Former ClientThis is a very caring law firm. After going through a 3 year custody battle it's been nice having someone on our side.