Norfolk Child Support Attorney

Child Support Laws in Norfolk, Virginia

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:

• Whether custody is sole, split, or joint
• Costs of health, vision, and dental coverage and care
• Childcare costs the custodial parent incurs
• Additional sources of income such as pensions, rental income, dividends, commissions, bonuses, and severance pay
• Other sources of income, such as veterans’ benefits, Social Security payments, workers’ compensation, disability, and unemployment insurance
• Support from another noncustodial parent for a different child is also excluded

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:

• Expenses a parent has relating to the child or support of other children
• Debts incurred for the benefit of the child
• Costs relating to child visitation
• Educational expenses
• Imputed income if a parent voluntarily leaves their job (court will base support amounts not on actual income, but what a parent is capable of earning. Parents cannot shirk financial responsibilities for their children)
• Any special needs of the child
• Tax consequences
• Financial resources of the child

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.

Can Child Support Be Modified in Virginia?

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:

• A parent’s income changes by at least 25%
• Work-related daycare expenses change by at least 25%
• If a 25% increase or decrease in health care coverage occurs
• A child needs to be added or removed from the support order
• Exciting child support order does not have a provision for unreimbursed medical or dental expenses
• A child becomes legally emancipated
• Change in physical custody occurs
• A parent’s income changes due to going on active duty in the National Guard or Reserves

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.

How is Child Support Enforced in Virginia?

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:

• Withholding support from a parent’s source of income
• Placing liens on real estate or personal property
• Garnishing federal and state tax refunds
• Suspending a driver’s license, occupational license, and/or recreational license (if neglecting to pay for 90 days or longer)
• Issue a bench warrant for arrest
• Deny a passport application
• File contempt of court actions, resulting in potential incarceration
• Issue fines
• Charge interest on late payments over 30 days

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.

Why Work With Montagna Law

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.

• Our lawyers use show causes to enforce child support payments.
• When necessary, we file for amendments to increase or decrease child support.
• We use extensive discovery to uncover all sources of income to calculate child support properly.

Common challenges our attorneys often face that we successfully navigate include:

• A parent attempting to hide income
• Disagreements over child case expense
• Disagreements over health insurance coverage

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.

Testimonials

“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.

Frequently Asked Questions About Child Support

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.

Are You Seeking Support For Your Child?

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.