On January 14, 2014, in the published opinion of Mayer v. Mayer, the Virginia Court of Appeals provided some much-needed guidance regarding continued child support for disabled children under Virginia law. Per Virginia Code § 20-124.2 a parent may petition and the court may grant the continuation of support for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, (b) unable to live independently and support himself, and (c) resides in the home of the parent seeking or receiving child support. However, there has been no bright-line rule as to whether the petition for continued support has to be filed before the child is emancipated in order for the court to consider it, or whether it can be filed after emancipation. The Court of Appeals in Mayer greatly clarified Virginia law in this area, by ruling that (1) … Read More »
For single parents of children with autism or other 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 our 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 autistic children may … Read More »
Due to hard economic times, more and more custodial parents with minor children have begun to reconsider enforcement of unpaid child support payments. To many, this task may seem endless or impossible, but in Virginia there are several ways to collect unpaid child support. Payees of child support can take action either in the court in which the child support order was entered or by using the Department of Child Support Enforcement (DCSE). Here are six ways to force a delinquent parent to pay their child support in Virginia:
Wage Withholding: If a party is in arrears for an amount equal to at least one month’s obligation, under Virginia Code Section 20-79.1 a court may order the payor’s employer to withhold income from their paycheck. The amount of the withholding can be the amount of any current child support due, in … Read More »
Once again Charlie Sheen has made headlines, however this time it’s not due to “tiger blood” or unintelligible rants. Instead, Mr. Sheen is in the news related to something to which many parents, celebrity or not, can relate to – modification of child support. News articles like this one are reporting that Mr. Sheen has submitted a request to terminate his child support payments to his former wife, Brooke Mueller. He is requesting this change since his two children with Ms. Mueller are not currently living with their mother, but instead are living with Mr. Sheen’s other former wife, Denise Richards.
In Virginia, if parties are unable to agree to an amount of child support, a parent’s child support obligation will be determined according to guidelines which are established by Virginia Code Section 20-108.2. These guidelines incorporate a formula that takes … Read More »
The Virginia General Assembly’s 2013 session has come to a close, and the Governor has signed two new bills related to family law that were passed by the Senate and House of Delegates. Effective July 1, 2013, these bills will change Virginia family law in four very important areas:
Deviation from child support guidelines. Virginia law establishes that child support be calculated according to guidelines which establish a “presumptively correct” amount of support, but then allows courts to “deviate” from the guidelines amount based upon a list of potentially relevant factors. Effective July 1, 2013, the list of factors which might justify deviation is expanded greatly (from five factors to 15 factors), which could have profound effects on support calculations in certain cases.
Child care costs incurred while attending educational or vocational programs. Under current law, many custodial parents attempting to obtain additional … Read More »
If you have a child and are contemplating a divorce or separation from your spouse or partner, it is essential that you educate yourself as to your rights and obligations under the law. For servicemembers, the choice of counsel can be difficult, as many attorneys handle military divorce cases very infrequently, if at all. In Part One of this series on military divorce, we addressed the grounds for divorce in Virginia, the benefits of separation agreements, how Virginia’s Courts equitably distribute marital property and debts, and spousal support. In Part Two, we address the issues surrounding child custody, visitation, and support as they apply to servicemembers in Virginia. This post will describe just a few of the essential facts and issues you should be aware of before embarking on such a case in Virginia.
I. Jurisdiction. When you first meet with your … Read More »
In any separation, divorce or custody dispute, a party might seek financial support. It may be a request for spousal support to get back on their feet. It may be a request for child support. Whatever the type of family support sought, there are two basic strategies for resolving the dispute: negotiating an agreement or litigating a case through the courts. If one party is a military servicemember, however, there may be alternate methods available to settle these issues.
Each service branch has regulations requiring servicemembers to support their families in the event of a separation. The service branch involved can have a great deal of impact when deciding to pursue support through the servicemember’s command. Some branches, like the Army, issue very specific regulations, spelling out the exact dollar amount they will provide, the length of time it will be … Read More »
More than a thousand Virginia families are close to receiving their share of a million dollar settlement. The lawsuit, brought by the Virginia Division of Child Support Enforcement (DCSE), is a result of improper actions taken by the Texas-based company Supportkids Inc. in collecting child support payments.
As reported in the Richmond Times-Dispatch and other news outlets:
The lawsuit, filed in 2008, claimed Supportkids illegally used misleading “withholding orders” that appeared to be government-issued to get child support payments withheld from noncustodial parents’ paychecks. The company allegedly extracted fees often exceeding 35 percent.
“They were getting the custodial parent to assign child support payments to the company, and that’s not legal or enforceable in Virginia,” [Thomas M. Wolf, a private attorney who represented Virginia in the case against Supportkids] said. “Child support belongs to the child, not the custodial parent, so … Read More »
You love fantasy football. You play in five leagues, and are reigning champion in three of them. You drafted Jimmy Graham in the 12th round last year. You know that Daniel Radcliffe is wrong and that Matthew Berry is the real weasel on the Fantasy Focus podcast. You love fantasy football.
But you don’t just play for fun. You “keep things interesting” by having some serious jelly beans on the line. This year, winning doesn’t just mean another 10” Lombardi trophy on your mantle. If you win, you’re $5,000 richer.
You’re also in the middle of a child support battle with your ex-wife. If you take home that title, will it change your child support?
In Virginia, the answer is yes. Virginia Code Section 20-108.2 sets out Virginia’s guidelines for determining child support. The guidelines use a mathematical formula that considers among other … Read More »
Let’s say you’ve just lost your job.
This is not a far-fetched idea for most people. In the past four years, the United States has gone through the longest period with so many unemployed for so long since the Great Depression.
Let’s say you were earning $140,000 a year as a consultant before being let go. You lived comfortably with your family in an affluent neighborhood in an excellent school district.
Let’s also say that now you’re in the process of a divorce from your wife of 15 years. You have two young children and she’s always been their primary caretaker. She has two years of post-high school education, and worked as a salesperson at the local mall until you had kids together. Then she became a stay-at-home mother, and it was agreed that you would be the sole breadwinner until the children … Read More »