Fairfax Child Support Lawyer
The divorce process can be difficult, especially when children are involved. Parents often want the best for their children, and one of the ways to provide for a child’s needs after divorce is through child support. The child support system in Fairfax is designed to put the best interests of the child first. A Fairfax child support lawyer can help you understand how the court determines child support awards. Working with a distinguished family attorney can help make sense of the process.
What is Fairfax Child Support?
Child support is established by an order form the court. Child support orders can be temporary in nature, as is the case with those in place during a period of legal separation. They can also be more long-term in that they are in place after a divorce is finalized until the child covered by those payments turns 18.
Child support payments in Fairfax may be required beyond when a child turns 18 if they are still enrolled in high school, in which case they will end when the covered child turns 19 or graduates from high school – whichever occurs first. There are different child support obligations in place in circumstances where a child is unable to care for themselves due to mental or another incapacity.
How is Child Support Determined?
Fairfax child support orders are overseen by the Virginia Department of Social Services. The Virginia Division of Child Support Enforcement is housed within this department and can help individuals with a range of items such as establishing paternity and even enforcing support obligations. They also monitor the collection and distribution of child support funds.
Typically, someone seeking child support needs to complete an application for child support and submit it to this division to begin the process of requesting and receiving payments. It is also possible to present a child support agreement to the judge handling the divorce approval.
Defining Child Support Requirements
Virginia Code Section 20-108.2 lists the basic monthly obligations for child support. This is a standard table that is designed to help individuals anticipate any monthly support obligations or expected payments. Reviewing this chart can help a parent make informed choices about their monthly budget both during and after divorce so they are able to remain on solid financial ground with advanced planning. Child support is typically based on this table as well as the income of both parents.
Can Someone Suggest Deviations From the Standard Table?
It is possible to request a support order that is different from the amount obligated by the state’s child support table through consideration of a number of different factors listed in Virginia Code Section 20-108.1. This includes extraordinary capital gains, special needs of the child or children, the earning capacity of each spouse, and the potential tax consequences of child support payments for both spouses. These are among other factors that a Fairfax child support lawyer can work with you to understand.
There are mechanisms in place to request modification of a child support order. If one or both parents experience a change in circumstances – such as a promotion or even the loss of a job – then it is possible to request a child support modification from the court.
Seeking Legal Advice For a Divorce Involving Children
A Fairfax child support lawyer can help you anticipate monthly payments based on the state’s established support payment table, as well as request modification or enforcement of child support conditions included in your separation agreement and/or divorce settlement. Experienced child support lawyers understand the importance of protecting children’s rights and securing a child’s well-being.
