CHILD SUPPORT

Child support is a legal obligation of parents to provide financially for their children. Its purpose is to provide financial support to pay for children’s expenses, including living expenses, food, clothing, and other day-to-day expenses. In Virginia, the statutory child support guideline is based on both parent’s incomes, work-related childcare costs, health insurance premium costs to provide health insurance for the children, the number of children, and in some cases, the custody schedule. However, the court has the discretion to deviate from the statutory guideline when the specific circumstances justify a deviation.

Child support is the right of the child and not the right of the parents. The court always has the authority to address the issue of child support for any child who is eligible for support pursuant Virginia law, even if parents have an agreement to the contrary. Because child support is the right of the child, court ordered child support can only be changed by a subsequent court order. Thus, if parents agree to change the court ordered child support, you must do so through a court order. If the child support is not changed through a court order, the existing child support order remains in effect and is enforceable notwithstanding the parent’s agreement to change support.

It’s important when dealing with child support to consult with a knowledgeable attorney to help you understand how your interest and your child’s interest are protected.

Failing or refusing to pay court-ordered child support is not something the court takes lightly and can result in a finding of contempt of court, in addition to other severe and wide-ranging consequences.

Failing to pay court-ordered child support can result in the following:

• Contempt of court
• Wage garnishment
• Liens on property
• Suspension of licenses
• Passport denial
• Jail time
• Garnishment of state and federal payments, such as income tax refunds and unemployment benefits

Violating a child support order by failing to pay your court-ordered obligation can result in serious consequences for non-compliance. If you find yourself struggling to make your payments, you must be proactive to address the situation through the court, by seeking a modification of your court-ordered obligation. Ignoring the problem will only lead to more severe legal and financial problems.