Child Support Attorney
Farrell & Croft, P.C.’s child support attorneys assist clients with negotiating and determining child support, as well as enforcing existing Virginia child support orders. Both parents have a legal duty to support their children, and if the parents can’t agree on the amount, the court will determine it.
Virginia Child Support Guidelines
Either parent may file a Petition for Child Support, with or without counsel. Support is calculated by reference to the Virginia Child Support Guidelines, using a standard worksheet. Virginia law creates a rebuttable presumption that the Guideline amount is appropriate. Key factors include: each parent’s average monthly gross income, any spousal support paid between the parties, the amount of time each parent has with the child, the cost of the child’s medical, dental, and vision insurance, and work-related daycare expenses.
When the Court Can Deviate
The court must also consider the best interests of the child, and can deviate from the Guideline amount only for specific reasons set out in the statute — it isn’t a number either parent or the court can adjust arbitrarily.
Modifying a Child Support Order
A child support order isn’t locked in forever. Either parent can petition to modify support when there’s been a material change in circumstances — a significant change in either parent’s income, a change in the custody schedule, or a change in the child’s needs, such as new medical or educational expenses. Until a modification is actually granted by the court, the existing order remains in effect and enforceable, so it’s important to file for a modification rather than simply paying a different amount informally.
Enforcing an Existing Support Order
When a parent falls behind on court-ordered child support, the other parent has enforcement options, including wage withholding, interception of tax refunds, and contempt proceedings that can carry significant penalties for continued nonpayment. We help clients pursue the enforcement remedy that fits their situation, rather than letting arrears accumulate indefinitely.
When Parents Agree on Support Outside the Guidelines
Parents can agree to a support amount that differs from the Guideline calculation, but the court still has to find that the agreed amount is in the child’s best interests before approving it. An agreement to pay less than the Guideline amount without court approval doesn’t actually protect the paying parent — the receiving parent (or the state, in cases involving public assistance) can still pursue the full Guideline amount later. Any deviation from the Guidelines should go through the court properly.
Health Insurance and Extraordinary Expenses
Beyond the base Guideline calculation, child support orders typically address who provides and pays for the child’s health, dental, and vision insurance, and how work-related childcare costs are shared between the parents. Extraordinary expenses — significant medical costs not covered by insurance, or costs tied to a child’s particular educational or developmental needs — can also factor into the support determination beyond the standard calculation.
Support for Children with Disabilities
In most cases, Virginia child support obligations end when a child turns 18, or 19 if still in high school. That default can change for a child with a significant disability that prevents self-support — Virginia law allows support to continue past the usual termination age in appropriate circumstances. These cases require additional documentation and a clear showing of the child’s ongoing needs.
When a Parent Is Unemployed or Underemployed
Child support calculations depend heavily on each parent’s income, which raises an obvious question when a parent isn’t working or appears to be earning less than they’re capable of. Virginia courts can impute income to a parent who is voluntarily unemployed or underemployed, calculating support based on their earning capacity rather than their actual, reduced income. This doesn’t apply to a parent who has a legitimate reason for reduced income, such as a documented disability or a genuine job loss they’re actively working to remedy, but it does prevent a parent from artificially lowering their support obligation.
Support Across Multiple Households
When a parent has children from more than one relationship, calculating a fair support amount gets more complicated than the standard two-parent worksheet anticipates. Virginia’s guidelines account for a parent’s existing support obligations to other children when calculating a new order, but the interaction between multiple orders can create real disputes about what’s actually fair to each family involved. We help clients understand how an existing obligation affects a new case, and vice versa.
Contact us about child support to discuss your case.
Frequently Asked Questions
Virginia uses statutory Child Support Guidelines and a standard worksheet, factoring in both parents’ gross income, the amount of time each parent has with the child, health insurance costs, and work-related daycare expenses.
Yes, but only for specific reasons set out in the statute — it isn’t an amount either parent or the court can adjust without a recognized legal basis.
You can pursue enforcement of the existing order, including through contempt proceedings, to compel payment and address the arrears.
Yes, when there has been a material change in circumstances, such as a significant change in either parent’s income or the custody arrangement.
You can file a Petition for Child Support with or without counsel, but an attorney can help make sure the Guidelines are applied correctly and your rights are protected throughout the process.
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