Child Support In Virginia

Biological parents must financially support their children. In Virginia that obligation usually lasts until the child reaches the age of 18 unless the child is still in school wherein the obligation continues until age 19. The responsibility to provide support in the form of regular payments generally arises when one parent has primary custody of the child. An order for child support may be entered during or after a divorce. Either parent may be ordered to pay support depending upon how custody is arranged. An unmarried mother may also file a petition for child support in family court and an order for support will be entered once paternity has been established.

In Virginia, the amount of support is set after the needs of the child and the parent's income are assessed through the use of statutory child support guidelines. The paying parent must regularly make the ordered payments. Failure to remain current with child support obligations exposes the paying parent to significant penalties. Virginia has a Child Support Enforcement Division. Penalties for non payment of child support include suspension of professional or business licenses as well as incarceration when child support obligations are overdue.

Once support has been ordered, both parents have the right to request changes. Paying parents face a difficult time when making a request that support be reduced. Even if a paying parent's current income is insufficient to meet their support obligations, a court may impute a higher earning capacity to them and order support based on that higher earning power. Because of the specific requirements involved in child support, parents can benefit from the advice and involvement of an experienced family law attorney when child support issues arise.

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