Child Support Attorney in Virginia Beach
Helping Our Clients Establish, Modify, or Enforce Child Support Payments
Child support is a court-ordered payment to help the primary caregiver raise their child. In Virginia, both parents (married or not) have a legal obligation to financially support their child(ren). When a judge creates a child support payment plan, they consider the income of both parents. Doing so best ensures the child is set up for the same (or very similar) level of financial stability they would otherwise have had if their parents lived together in the same household.
At The Law Offices of Daniel J. Miller, our child support attorney can help you calculate child support payments and devise a plan for payment. Our lawyer has over 20 years of experience and will do everything he can to come up with a plan that is fair for all parties involved.
Calculating Child Support – Virginia Child Support Guidelines
A support payment is based on the needs of the child and the ability of each parent to pay for these needs. The court determines child support based on a set of guidelines created by the legislature. A judge will decide the formula based on:
- each parent’s income;
- medical insurance;
- education expenses;
- Social Security benefits the child may receive; and/or
- the child’s current standard of living.
SSDI and Child Support Payments
When someone becomes disabled and is no longer able to work, they’re faced with many difficulties and obstacles. This can be a hard time for everyone who goes through this situation, but if you’re a parent who is responsible for child support payments, you may feel overwhelmed to meet your financial obligations. If you receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), you may be eligible for a child support modification.
Courts will usually take into consideration a number of factors to determine whether a child support payment should be lowered. These factors include one parent losing their job, a parent becoming disabled, changes in the cost of living, changes in household size, and much more. If you have strong communication with the other parent, you can try and negotiate a modification with them that works for both parties. If you come to an agreement, you’ll need to put it in writing and have a judge sign off on it. If you’re unable to discuss the modification cordially with the other parent, you will need to go through the courts.
Depending on which benefit you receive, it could be easier or harder to get a modification. If you receive SSI, you will be eligible for a child support modification because your income will be lower. These wages cannot be garnished to pay for child support.
If you receive SSDI, you may be eligible for a child support modification if your income is lower. SSDI is counted as income when determining child support payment amounts and can be garnished if child support goes unpaid. If you receive SSDI benefits, your child may also be eligible for their own derivative SSDI benefits based on your disability. Ensuring they have those benefits can lessen the amount you need to pay each month.
Review and Modification of Child Support in VA
A judge will review the support amount every 3 years and make adjustments as necessary. However, if circumstances change that affect one parent’s ability to pay, or the other parent’s need for payment, they can request an adjustment outside of the 3-year mark. For example, if one party has a 25% change in gross income, the other may request an increase in support. Or, perhaps the child must go to after-school care and the custodial parent would like the paying parent to help with the costs. In circumstances such as these, an adjustment may be needed earlier than originally planned.
Experienced Child Support Representation in Virginia Beach, Chesapeake, Norfolk, and all of Hampton Roads
Attorney Daniel J. Miller will evaluate your case and help you come up with a solution that works for your situation. We offer compassionate guidance and legal insights to thoroughly assist you during your court proceedings.
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