Fairfax Child Support Lawyers

Assisting Clients With Child Support Matters in Virginia 

Child support plays a critical role in most family law cases involving children. Parties may address child support within a divorce case or through a petition filed in the Juvenile and Domestic Relations Court. Whether you seek support or the other parent pursues support from you, Virginia law requires parents to provide financial assistance for their children. Most divorcing parents in Virginia either pay or receive child support.

To speak with our experienced Fairfax child support lawyers, call us at (703) 454-5448 or contact us online today. 

Understanding Virginia’s Child Support Guidelines

Virginia’s child support guidelines determine support amounts using a formula that considers the gross income of each parent. The calculation then accounts for expenses such as health insurance for the children and reasonable work-related childcare costs.

These calculations help ensure that children’s needs are met without causing undue financial strain on parents. Income from bonuses or self-employment can affect these numbers. 

The guidelines also look at the number of children and each parent’s time with them. The sole custody guidelines apply when one parent has primary care. Shared custody guidelines may apply if a parent has more than 90 days a year with the children or if both parents share physical custody equally.

The Fairfax County Juvenile and Domestic Relations District Court follows these guidelines when determining support. The court often requests supporting documents, such as pay stubs, tax returns, or records of child-related expenses. Submitting detailed and accurate records helps ensure fair calculations. 

Deviating From Virginia’s Child Support Guidelines

Sometimes, a judge or the parents may decide not to follow the child support guidelines strictly. This departure, called a “deviation,” can happen when a parent is voluntarily unemployed or underemployed and the court imputes income. The court imputes income to prevent unfairly reducing a child’s support due to a parent’s choices about work.

Beyond unemployment or underemployment, Fairfax courts may consider other reasons for deviation, such as living costs that differ from those in Fairfax or a parent’s non-cash benefits like housing stipends. When circumstances depart from what the guidelines intend, judges rely on comprehensive documentation to set support at an appropriate level.

The court may also consider special needs resulting from a physical or emotional condition and the standard of living the child experienced during the parents’ marriage or relationship when evaluating deviations.

Understanding Child Support Modifications

Families sometimes need to modify child support in Fairfax due to changing circumstances. Adjustments might arise from changes in income, custody, or life events. Speaking with a child support attorney in Fairfax helps ensure modifications match current realities and legal requirements. Judges approve changes only after a substantial and ongoing change in circumstances affecting the child’s needs or either parent’s ability to pay.

When seeking a modification in Fairfax County, parents start by filing a petition in the local Juvenile and Domestic Relations District Court. The court reviews proof of changed circumstances, such as a recent job loss, lower pay, or increased costs for childcare and insurance. Submitting updated financial statements, pay stubs, and related documents allows the court to evaluate whether the change warrants an adjustment. How the court rules depends on the accuracy of disclosures and the relevance of new circumstances.

Job loss, reductions in salary, and increased needs for a child’s health or education are examples of valid reasons for requesting modifications. This process requires a formal court filing, and timely requests almost always help avoid delays. Legal counsel can help organize and present documentation supporting the change, giving courts a clear picture of your situation.

How the Division of Child Support Enforcement (DCSE) Works in Fairfax

The Virginia Division of Child Support Enforcement (DCSE) plays a central role in managing family support cases in Fairfax County. DCSE helps collect and distribute payments, enforce court orders, and keep records current when a parent’s circumstances change. The agency can start income withholding from paychecks or refer unpaid support to the court for further action when needed.

DCSE’s regional office works with Fairfax County courts and families to resolve payment issues and keep support orders updated. When DCSE steps in, families gain resources to track payments and encourage compliance. For parents dealing with communication challenges or ongoing missed payments, DCSE provides additional tools and accountability to keep the child’s needs in focus.

To speak with our experienced Fairfax child support lawyers, call us at (703) 454-5448 or contact us online today. 

Frequently Asked Questions

How Is Child Support Calculated in Virginia?

Virginia uses the combined income model for child support calculations. The court adds both parents’ gross incomes and applies guideline percentages to determine the support amount. Factors include the number of children, health insurance and daycare costs, and extraordinary medical expenses. These calculations adjust based on shared or split custody. 

What Factors Can Influence Child Support Amounts?

Many factors shape the final child support amount. The court considers parental income, how many children are involved, and extra expenses like childcare or medical care. In some cases, a parent’s voluntary unemployment or underemployment can lead to the court imputing income and raising the amount. Courts may consider the pre-divorce standard of living and special needs of the children. Clear financial disclosures help present your situation accurately during the process.

Can Child Support Orders Be Modified?

Virginia courts allow support order modifications when a parent’s financial situation, custody, or the child’s needs change significantly and last. Courts need proof that the change is substantial and ongoing. 

What Happens if Child Support Payments Are Missed?

Not paying child support can bring serious legal consequences. The court may enforce payment by garnishing wages, withholding tax refunds, suspending a driver’s license, or through contempt proceedings. Missed payments may accrue interest and cause an additional financial burden over time. 

Is Mediation an Option for Child Support Disputes?

Mediation offers a productive way for parents to agree on support outside the courtroom. It provides space for discussion and can resolve matters faster and with less conflict than court hearings. Both parents must communicate openly and work together during the mediation. 

Contact Our Child Support Lawyers in Fairfax Today

At Wexell Milman, our office handles issues specific to child support, including income determination, imputed income, figuring out childcare costs, deviations from guidelines, and matters involving shared or split child custody. Because these issues are complex, consult a lawyer who regularly works in this area before making decisions about support or custody. The lawyers at Wexell Milman strive to help ensure the court covers all reasonable expenses when setting support.

Schedule an appointment with one of our experienced Fairfax child support lawyers by calling (703) 454-5448 or contacting us online.