Securing child support can be a complex and challenging process for parents. The intricacies of child support laws often lead to confusion and stress, compounded by the emotional nature of these situations. Navigating the Virginia legal system in such cases can be daunting, especially without having distinct knowledge and experience.
One significant challenge in seeking child support is the risk of encountering legal obstacles and missing critical opportunities due to a lack of understanding of the law. This not only increases the emotional burden but also raises concerns about ensuring the child’s future welfare. The process involves more than just legal proceedings. It concerns the essential well-being and rights of the child.
Working with an experienced Norfolk child support attorney can help a parent navigate the legal process more effectively, aiming to secure the necessary financial support for their child’s development and care. This assistance transforms a potentially overwhelming process into a more structured and manageable one. To receive help, contact Montagna Law at 877-622-8100.
The Commonwealth of Virginia believes both parents are financially responsible for supporting their child(ren). This is the case whether the parents are married or not, and since the custodial parent is usually the one paying costs, the noncustodial parent will supplement by paying child support.
To determine how much support each parent is responsible for, Virginia uses a formula to factor in the parents’ combined income and how many children they share. Other considerations the court uses include:
Judges may stray from this formula to factor in other applicable details in accordance with Va. Code § 20-108.1. Examples of items considered might be:
The logic behind using these factors to calculate child support is to give children the benefit of what parents would provide in a single household through the use of percentages based on parental income.
Each parent ultimately pays a fair share to cover the financial responsibility for their children. If you work with a Norfolk child support attorney, they will help estimate factors you can expect to possibly apply in your situation.
Yes, in accordance with Virginia law, a parent can modify child support by filing a request with the Virginia Department of Social Services (DSS) if the circumstances of one of the parents changes. You have the right to request a review of your support court order every three years. Other situations where you may request a modification before three years include:
Ultimately, a Norfolk judge will only modify a support order if they believe a modification has been justified. If not, the modification request will result in a denial.
Once a support order is established, the parent given the responsibility of child support has an obligation to pay. The Virginia Division of Child Support Enforcement (DCSE) enforces payments. In most instances, DCSE will quickly take action to enforce the order if a parent fails to make payments. Penalties that can be levied include:
A parent who receives child support also has the right to file a formal request with the court, also referred to as a “motion”, to have their order enforced.
The compassionate family law attorneys at Montagna care about you and your family. We want to make sure you get a correct child support assessment, whether you are receiving or making Virginia child support payments.
Common challenges our attorneys often face that we successfully navigate include:
The Montagna Law attorneys are here to help you navigate the complexities of your Norfolk child support case or any other family law matter, such as child custody, visitation, and spousal support. Our Hampton Roads law firm places high value on the attorney-client relationship, and the firm members on our team will work tirelessly on your behalf.
“Montagna is by far the best law office for representation. They honestly care about your case and go far beyond the call of duty to represent you and ensure that you receive all that you are entitled to. They are professional, empathic, and responsive. I highly recommend the law offices of Montagna.” — Katie J.
“Very professional law office. They handled our case with the respect it deserved. Would highly recommend them for cases in Hampton Roads.” — Kyle K.
Virginia family laws tend to get complex, especially when disagreements arise and cases must go to family court. Our law office often receives several FAQs, and the following answers many of the common queries we see.
If you are seeking financial support for your child, the attorneys at Montagna Law understand the pressures you face. Our child support lawyers will provide you with legal advice while working with you to come to a fair agreement.
Our attorneys at our firm have many years of experience and are committed to serving Norfolk and the entire Hampton Roads area by providing assistance with legal issues. Contact Montagna Law at 877-622-8100 or fill out our online contact form to schedule a consultation with our Norfolk office.
Have other legal issues outside of child support and family law issues? Our law firm also has experienced attorneys in other practice areas, including but not limited to personal injury and estate planning.
Child support lasts until the age of 18 unless the child is still in high school. Virginia law also makes exceptions if the child is a special needs child and cannot live independently or if a child is legally emancipated. It is important to speak to an experienced Virginia family law firm because, due to changes in laws, there may be some exceptions that could apply to you.
No, a parent cannot waive child support in Norfolk. Virginia’s legal code is clear and strict since child support is in the best interests of the child. A judge will never order a waiver to deny a child financial support. One or both parents can request a modification to decrease (or increase) support, but they cannot request a waiver.
If the custody is joint, one parent might still have to pay child support. However, if you have full (sole) custody of the child, you are not the parent who needs to pay child support.
The Commonwealth of Virginia does not impose a maximum child support payment, only a minimum of $68 per month. Child support payments are calculated using your information, so payments are different in each family.
By working with an experienced law group who is well-versed in family and Virginia law, you can better present your case with the correct information Virginia courts consider when determining child support payments.
Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads Virginia area.