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Will I Have To Pay Child Support in a Divorce?

In a divorce where the couple has children, they will have to decide how to divide the property and how to share time with the children. The child custody order can determine which parent will pay child support. In most cases, the parent with the most parenting time is usually the custodial parent. The other parent is the noncustodial parent. In general, the noncustodial parent pays child support to the custodial parent but it depends on the individual situation.

How Is Child Support Calculated in Virginia?

The amount of child support is usually based on Virginia child support guidelines. Child support guidelines are calculated based on several factors, including parents’ income, number of children, custody time, child care, health insurance, other child support obligations, and other expenses. Calculating child support also takes into account where the parents live and travel expenses for visitation time with the child.

Can a Lawyer Change Child Support Payments?

If a parent thinks they didn’t get enough money, they may want to increase child support payments to properly care for their child. The parent paying the money may want to reduce the child support order because they don’t think the other parent will use the money properly. If you want to modify an existing child support order, you need to show a “substantial change in circumstances.” Your child support lawyer can file a petition for a child support modification.

How Can My Lawyer Enforce Child Support?

If the supporting parent is not paying child support or only pays a portion of the support, you can enforce payment. Your family law attorney can advise you on how you can enforce child support through court orders or with help from the Virginia child support services. Enforcement can include putting a levy on their bank account or lien on their property, garnishing wages, or taking tax refund money.

Does Child Support Affect My Taxes?

Child support payments are not tax deductible for the parent paying the support and the payments received are not considered income for the custodial parent. However, if you owe past-due child support, a taxpayer’s refunds may be reduced to pay the back child support.

What Happens if I Fail To Pay Child Support?

If you are having trouble paying child support, you can go to the court to petition to modify the support obligation. In general, you will have to show a substantial change in circumstances to get a reduction. This could include loss of your job, disabling injury, getting sent to prison, or facing a medical emergency. If you fail to make child support payments, they will continue to build. Back child support does not go away and it is not erased. Even if you go through personal bankruptcy, it will not erase child support debt. You may also have your driver’s license suspended or lose public assistance if you fail to pay child support.

When Does Child Support End?

A parent’s obligation to pay child support ends when the child reaches the age of majority. However, some states extend the age of majority obligations if the child begins attending college or other qualifying school. The parent’s child support obligations also end if the child becomes emancipated through the courts, gets married, or enters active-duty military.

Does Child Support Affect My Taxes?

Child support payments are not tax deductible for the parent paying the support and the payments received are not considered income for the custodial parent. However, if you owe past-due child support, a taxpayer’s refunds may be reduced to pay the back child support.

Can I Deny Visitation if My Ex Doesn’t Pay Support?

Child support matters and visitation rights are separate. It may not seem fair but whether or not your ex pays child support doesn’t mean you can violate the child custody order. Similarly, if your ex doesn’t let you see your child, you still have to pay support. If you want to enforce a child custody agreement or enforce child support issues, you should go to family law court instead of taking matters into your own hands. Talk to a child support attorney or law firm for legal advice about your child support case and legal issues.

Best Time to Seek Legal Help

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

Does firm size matter?

For most consumer legal issues, the size of the practice is much less important than the experience, competence, and reputation of the attorney(s) handling your case. Among the most important factors when choosing an attorney are your comfort level with the attorney or practice and the attorney’s track record in bringing about quick, successful resolutions to cases similar to yours.

Common legal terms explained

Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.