McLean Child Support Attorney

Experienced Legal Support for Parents in Virginia

No matter what the marital situation, both parents are financially responsible for their minor children. In the case of divorce, child support is determined during those proceedings. If the parents were never married, a different process will take place. These Virginia laws are intended to give the child or children the financial benefit of what a single household could provide them. When coming up with a fair and equal child support agreement becomes challenging, a skilled child support lawyer in McLean is here to help.

How Child Support Is Determined

Though the state requires both parents to cover a percentage of the child support amount, this does not mean that parents are expected to swap checks every month. The law assumes that the custodial parent already covers a majority of the costs surrounding the child. Therefore, the non-custodial parent is the one who would make the support payments. In cases where child custody is split or shared, there are different methods for determining which parent would make payments. This is why determining child custody is an important step in creating a financial agreement.

Another main factor in determining child support is calculating both parents' gross annual income. Gross income includes more than just salary. Gross income also includes:

• Bonuses
• Pensions
• Commissions
• Prizes/awards
• Disability insurance benefits
• Workers' compensation benefits
• Unemployment insurance benefits

Gross income does not include every penny parents might make. Some exceptions include federal supplemental security income and any other child support received or given for another child.

How Payments Are Calculated

There are many factors that go into determining the amount of child support that a parent would pay. After child custody, the number of children shared, and combined gross annual income is determined, the courts will use Virginia's schedule for monthly child support to decide the payment amount. These guidelines outline how much parents are expected to pay in child support at various income levels.

Though you may be able to get an estimate for what the child support payment may be by using the Virginia guideline calculator, it's best to work with a trusted family law attorney to get accurate numbers. G. Best Husband Law can help tune out the noise and give straightforward information on what to expect for child support payments throughout McLean and Washington, D.C.

Are There Exceptions to the Virginia Guidelines?

Though the Virginia guidelines are generally fairly accurate for determining child support payments, there are some exceptions that may influence courts to fluctuate. In some cases, circumstances may lead judges to believe it would be unfair to the parent or child to use the standard rigid method.

Before the judges deviate from the guidelines, some factors they will consider are:

• Life insurance
• Tax consequences 
• Earning potential of marital property
• Debts incurred for the child's benefit
• A child’s standard of living during the marriage
• Physical, emotional, or medical special needs for the child

Our team will do everything possible to ensure all things are considered to establish a fair and equal arrangement. 

How to Modify Child Support Payments

Both parents have the right to request a review of their child support order every three years with the Virginia Department of Social Services. If it has been less than three years, parents can still request modification under certain circumstances. Those circumstances include a 25% change in income, health care costs, or daycare expenses. Other warranting conditions may be a change in custody, a child turning 18, etc.

If the review shows there should be a change in the agreement, the modification request will be sent to the courts. A judge will then decide if the circumstances warrant an adjustment.

Choose a Trusted Family Attorney for Help with Child Support

G. Best Husband Law is well-versed in Virginia laws surrounding child support, child custody, and other family law matters. For compassionate support and straightforward counsel, we're the firm to call.

We understand a lot goes into creating a child support agreement that both parents accept. Our McLean child support attorney works with parents to bring peace to child support agreements so they can get back to enjoying the more important things in life—like their children.

Contact us at (844) 749-8933 today to schedule a consultation!