Northern Virginia Child Support Lawyers
Both parents have a legal duty to support their children. The experienced family law attorneys of Vienna-based The Maddox Law Firm, P.C. are very familiar with the complex issues of Virginia child support laws, and regularly guide parents through the process of determining child support.
In fact, The Maddox Law Firm, P.C. has handled cases that set precedents in matters of Virginia child support. For example, our lawyers prevailed in the appellate case of Gallagher vs. Gallagher, which influenced the court’s ability to deal with back child support payments.
Changes in Virginia Child Support
Our lawyers make a point of informing clients about important recent development in child support law. In the past, child support in Virginia was often set on the basis of sworn financial statements, an arrangement that encouraged individuals to inflate their expenses and liabilities and minimize income and assets.
Now, however, statutory child support guidelines have been introduced in Virginia. This change has lent much needed uniformity to child support disputes. Child support payment obligations in Virginia are now set according to a formula which considers each party's gross income for the purpose of determining child support liability.
In Virginia, gross income means income from all sources, and includes:
- Income from salaries, wages, commissions, royalties, bonuses, dividends, and severance pay
- Pensions, interest, trust income, annuities, and capital gains
- Social security benefits, with certain exceptions
- Workers' compensation benefits
- Unemployment insurance benefits
- Disability insurance benefits
- Veterans' benefits
- Spousal support
- Rental income
- Gifts, prizes or awards
Gross income is subject to deduction of reasonable business expenses for persons with income from self-employment, a partnership, or a closely held business. Courts may also consider certain additional factors and deviate from the Virginia child support guidelines if appropriate. However, in a large majority of cases, child support calculators give accurate estimates.
Child Support Enforcement
After child support is established, a court order goes into effect for the purposes of enforcement. Failing to fulfill the terms of child support is considered contempt of court, and can result in fines or jail time. Any modifications must be made through the courts and cannot be determined solely by either of the parties or by agreement of the parties absent court approval.
Contact Us
To speak with us about your specific situation, please contact our Virginia child support lawyers today to set up an appointment. For further information about a variety of legal topics please visit our E-Newsletter, our Web Blog our Family Law Information Center, or our Child Custody & Visitation Practice Center.