If you are a parent navigating a divorce, you know that child support is an ongoing issue until your children are no longer minors. Whether you are seeking child support payment or a modification to an order, state courts always prioritize the interests of the children. We could ensure your child’s needs are met while protecting your parental rights.
You might think child support is simply a number calculated using your paycheck, but the state views this obligation as a duty of both parents to support their children once a divorce is imminent. If you wish to establish an initial child support order, modify an existing one, or enforce payments, it is a good idea to seek assistance from a family law attorney. A Richmond child support lawyer from our firm could help you protect your children and your financial future.
Our lawyers could guide the custodial parent in filing a petition for child support in the Juvenile and Domestic Relations District Court, the first step in establishing a child support order. If you are divorcing, we could initiate the order during the proceedings. Your spouse will be served the legal papers to ensure they comply with the process.
Both parents must provide extensive financial information, including income from all sources, as well as any relevant documents. This allows the court to apply the child support guidelines outlined in Virginia Code § 20-108.2 to calculate the monthly responsibility of both parents. Financial disclosures include:
The court will consider any other financial disclosure in accordance with the state’s statutory guidelines to determine the parental contribution amount, the number of children, and the custody arrangement, whether it is shared, sole, or split. You, your spouse, and your respective lawyers will have the opportunity to present information and comments at a court hearing.
Judges have discretion to ensure the amount determined is fair to everyone. However, the child support process can be complicated, and an experienced Richmond attorney could offer strategic guidance.
If you and your ex-partner already have a child support order in place, we could assist with the modification process if a significant change in circumstances occurs. Changes that the court will consider include a substantial increase or decrease in one party’s finances, a change in custody arrangement, or the child receiving support being emancipated.
Our attorneys could serve as your best source of experienced representation, fulfilling a dual role in advocating for you. A Richmond lawyer could work to protect your children, as they deserve the stability that child support offers, while ensuring that support arrangements are fair to you.
State courts discourage non-payment of child support, with numerous penalties that come with enforcement. The Virginia Department of Social Services, through its Division of Child Support Enforcement, has legal options to force payment, including:
Our child support payments attorneys could also help you seek enforcement through the court system in Richmond, which can hold the non-custodial parent in contempt for failing to pay child support.
If you and your estranged spouse are divorcing, your children’s welfare is crucial. If you are a custodial parent, receiving child support can ensure your children’s lives are stable and that their needs are met.
Establishing support can be stressful, as can seeking to modify it when circumstances change. If you are not receiving payments, a seasoned Richmond child support lawyer from Ashwell & Ashwell could provide the guidance you need throughout this complicated process. Contact us to schedule a consultation.
