It is not uncommon for people undergoing divorce to approach their attorneys with a laundry list of terms regarding their children that they would like included in their separation agreement, or for people who already divorced to approach attorneys with child-related terms of an existing separation agreement which they need enforced. What many people are surprised to hear is that some of those terms which they would like included, or some of the terms that may already be in their agreement, are actually unenforceable under Virginia law.
The first thing to understand in this area is that provisions in agreements regarding child custody, visitation and child support are always modifiable based upon a material change in circumstances. Always! So, any provision in an agreement which indefinitely prohibits the modification of custody, visitation or child support would be unenforceable.
Secondly, there are plenty of … Read More »
Sole vs. Split vs. Shared Child Support Guidelines
Virginia law recognizes the obligation of parents to support their children financially, and the Virginia child support guidelines account for that fact. The guidelines take into account the gross incomes of the parties, health insurance expenses incurred for the children, work-related childcare costs, and support of other children who were not born between the parties. Because both parents are financially responsible to and for their children, each parent is made responsible for a certain percentage of the whole child support amount determined under the guidelines, with the whole child support amount equaling what the parents would be able to provide for the children in the event the family still resided in one household.
Virginia has different child support guidelines for sole, split and shared custody arrangements. Each guideline is different and takes into account a … Read More »
For single parents of children with a disability or special needs, navigating the issue of child support can be a confusing and anxiety-ridden process. These parents may require more child support than is called for by the statewide guidelines in Virginia, and may require child support well past the time child support usually ends. A proper understanding of several points of Virginia law can greatly assist these parents in meeting the special needs of their children.
Deviation From Guidelines
The starting point for determining child support in all Virginia cases is Virginia Code § 20-108.2, which sets forth statewide child support guidelines. The guidelines provide a child support amount based on the incomes of the parties and any costs incurred for health care coverage and work-related child care. While such a straightforward formula may be appropriate under ordinary circumstances, custodial parents of children with a disability … Read More »
Divorce and child custody proceedings are often contentious, time consuming and expensive. It is understandable that parties to litigated divorce or child support cases would never want to see a courtroom again, or even think about having to reopen old wounds. The reality is, however, that parties who want to adjust child support need to follow certain steps and procedures, because the consequences for not doing so can be severe.
Pursuant to Virginia Code § 20-108, Virginia courts have the authority to revise and alter prior orders concerning the custody, care and maintenance of a child or children and make new orders, “as the circumstances of the parents and benefit of the children may require.” The amount of child support ordered by a judge may be increased or decreased at any time based on a “material change of circumstances.”
Parties seeking a modification of … Read More »
When most people hear the phrase “teen pregnancy,” they think only of the teenage mothers. But, there are also teenage fathers. Under the law in Virginia, a teenage boy can be determined by the court to be the father of a child, and can be ordered to pay child support for that baby. In proceedings to establish paternity, establish a child support obligation or enforce a child support obligation, teenage boys cannot escape the court’s ruling because of their age.
Pursuant to Virginia Code Section 20-49.6, a teenage boy between 14 and 18 years of age can be determined by the court to be the father of a child and ordered by the court to pay child support for that child as if he were an adult, if (1) the teenage boy is represented by a guardian ad litem, and (2) the teenage boy has … Read More »
A child support order has been established obligating one parent, called the obligor, to pay child support for the benefit of the child. Time has passed and the obligor has not paid the child support, has not paid it consistently or has only paid a portion of the ordered amount. What next?
Unpaid child support, called an “arrearage” or “back child support,” becomes a judgement by operation of law, and cannot be set aside, changed or discharged in bankruptcy. If the obligor is not paying the ordered amount of child support, a Motion to Show Cause can be filed that requires the obligor to appear in court for a hearing to explain to the judge why he or she should not be held in contempt of court for failing to pay as ordered. Contempt of court for failure to pay can … Read More »
The Virginia Division of Child Support Enforcement (DCSE) is currently offering a special incentive program for non-custodial parents who owe a child support debt to the Commonwealth of Virginia, which is usually due to the custodial parent on their case having received Temporary Assistance for Needy Families (TANF) or Medicaid benefits.
Under the DCSE incentive program, any non-custodial parent who visits a DCSE district office in August–September 2015 and makes a lump sum payment will receive a 5% reduction in state debt, even if there is no current support owing.
According to DCSE, each parent who owes a qualifying debt received an automated call in August or September. However, if you have not received such a call, or if you simply wish to get more information and/or see if you qualify for this incentive program, DCSE encourages you to contact your caseworker.
This DCSE incentive program comes on the … Read More »
Establishment of Paternity of a Child Born to a Married Mother
A child born to a married woman in Virginia is presumed to be the child of her husband, so long as they were married for the ten months preceding the birth of the child. The husband is the “presumptive father” of the child, with the same responsibility for child support as a “legal father” (one who has been proven to be the father of a child).
However, the presumption of paternity in Virginia is rebuttable. In other words, the husband has the opportunity to prove that he is not the father despite the fact that he was married to the mother at the time of birth.
There are many ways to rebut the presumption of paternity. Perhaps the easiest and most certain way is to perform genetic paternity testing. In this age … Read More »
Each year, the Virginia legislature considers numerous proposed updates to Virginia family law. These updates range from universally significant changes such as last year’s revised child support guidelines (updated for the first time in nearly thirty years), to the loosened notice requirements for finalizing uncontested divorces, to addressing the perhaps mundane question of whether or not courts should consolidate juvenile cases under single case numbers.
That trend has continued into 2015, with the legislature passing—and Governor McAuliffe signing into law— updated provisions concerning the amount of health insurance cost to be included in calculating child support in Virginia.
Virginia’s child support guidelines provide courts a method for determining child support based on each parent’s income, the support by either parent of “other children” (such as by prior marriages), day care expenses and health care costs. Under the new law, effective July 1, 2015, for purposes of child support the health … Read More »
If you find yourself in the middle of a contested divorce and the stakes are high, you may need more assistance than your attorney can provide. With an eye toward preparing your case for trial or simply aiding in the settlement process, several categories of experts can be utilized to bolster your position and create compelling evidence in your favor.
These experts are typically experienced as trial witnesses, and the best ones come armed with CVs that add weight to their testimony and shield them from withering cross-examination. Experts can also prepare reports for use as evidence in court or as tools to bring the parties closer to settlement.
You should consider whether hiring any of the following six types of experts would be a worthwhile investment of time and money in your ongoing divorce:
Business Evaluator: This expert can be critical in cases … Read More »