Fredericksburg Child Support Attorney

Experienced Child Support Attorney for Stafford and Spotsylvania

Are you facing a child support issue in the Stafford County and Spotsylvania County area? At A. Lewis Lowery, Jr., Attorney at Law, PLC, we understand the stress and anxiety that comes with problems around child support. We are here to help you navigate the legal system and work towards a favorable outcome for you and your family.

Contact us today by calling (540) 999-1886 to discuss your child support needs with our Fredericksburg attorney!

Understanding Child Support in Virginia

Child support is money paid by one parent to another to help with the cost of raising a child or children. The amount of child support is determined by the needs of the child and the ability to pay.

In Virginia, child support is governed by the Child Support Enforcement Act. The purpose of this act is to establish a child support order that is in the best interest of the child. The order must cover the child's needs for food, shelter, clothing, health care, and other necessary items. If the child has special needs, such as a physical or mental disability, the child support amount may be higher.

Who Is Responsible for Child Support Payments in Virginia?

Under Virginia law, the party receiving visitation rights is usually expected to financially support the minor child. Child support is calculated according to guidelines established in the code, but the court may deviate from these guidelines at its discretion.

For a court to deviate from the statutory child support guidelines, it must find that the amount would be unfair and would not be in the best interests of the child.

Calculating Child Support in Virginia

The amount of child support is determined by Virginia's Child Support Guidelines.

In determining what is in the best interests of the child, the court considers:

• Any special and unusual needs of the children
• Whether either parent has obligations toward minor or handicapped children
• Any other payments that the court orders, like spousal support
• Each parent’s income and earning potential
• Any benefits that a party enjoys as a result of living with another person, like a second husband or wife

After the guideline amount is determined, the courts will then consider the needs of the child when determining how much the non-custodial parent must pay.

Note: If parents can agree on a child support amount, they can submit an agreement to the court for approval. If they cannot agree, the matter will be decided by a judge. Either way, the court will issue a child support order.

Are Taxes Considered in Child Support Calculations?

Yes. Child support is calculated based on the gross income of both parents. This includes wages, salaries, and any other compensation for services. However, certain types of income are not included in the calculation.

• Income from overtime that is not guaranteed
• Income received as a gift or inheritance
• Income from a retirement plan
• Income from unemployment benefits
• Income from disability insurance

Duration of Child Support Payments in Virginia

Virginia law does not set a specific end date for child support. As long as a child is receiving support, the obligation to pay continues. Typically child support will continue until a child is 19 or has graduated from high school, whichever happens first.

Get Legal Help for Child Support Issues

At A. Lewis Lowery, Jr., Attorney at Law, PLC, we understand the stress and anxiety that can come along with child support issues. We are here to help you navigate the legal system and work toward a favorable outcome for you and your family.

Request a consultation by calling (540) 999-1886 or contacting our Fredericksburg child support attorney online.