Child Support Frequently Asked Questions Virginia Fairfax Attorney

There are various frequently asked questions for Child Support in Virginia. Many are answered below for the sake of a better understanding of the procedure and meaning on the matter.

Who are the individuals that are entitled to child support?

In accordance to the laws of Virginia, a single parent living with a child or children however apart from the other parent is entitled to juvenile guardianship from the other parent.

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How to calculate the amount of child support?

In this case, it must be noted that Virginia’s Commonwealth adopted a specific guideline for juvenile guardianship that are used as guidance by courts to determine the amount of money a non-custodial parent paying juvenile guardianship is to pay the parent with sole custody.

How long must a non-custodial parent provide child support to the parent with sole custody?

Non-custodial parents paying juvenile guardianship are required to provide juvenile guardianship to the caretaker with sole custody until the child reaches the age of 19 or when he/she graduates from high school, depending on which comes first. Sometimes, under certain circumstances, a non-custodial caretaker is required to provide juvenile guardianship longer than mentioned above. This is the case when the minor is disabled or is medically proved not to be able to live a normal life.

Is it possible for interest to be collected on unpaid child support?

Yes it is possible n accordance with the laws of Virginia. The rate in Virginia is 9% currently.

What happens in case a non-custodial parent paying child support goes bankrupt?

In case of bankruptcy proved by the law, the non-custodial guardian would be entitled to stop paying juvenile guardianship until his financial status is proved otherwise.

How long does it take to enforce an order of support from a non-paying parent?

This process usually takes from 60 days to one year to be enforced in the court of law. This factor is also dependant on whether the non-custodial guardian may be located.

Is there a way to modify the amount of child support given?

Yes. This is possible when there is an evident increase or decrease in terms of a guardian’s income and/or in the children’s raising expense. However, it must be noted that the state of Virginia does not identify or define change in material circumstances.

What happens in case one of the parents re-marries?

In case the non-custodial guardian re-marries, he/she will have to continue paying for the minor of his first marriage regardless of the amount of children he/she has. On the other hand, if the guardian receiving the juvenile guardianship re-marries, he/she is entitled to receive juvenile guardianship unless his/her new husband/wife adopts he minor.

What happens if the non-custodial parent paying child support is in jail?

In this case, the non-custodial guardian paying juvenile guardianship is in jail, the other guardian would most likely be unable to get any support unless the non-custodial guardian paying juvenile guardianship has assets or income from any outside source.

If you need a Virginia Child Support lawyer to help you with your juvenile guardianship case in Virginia, call us at 888-437-7747. Our Virginia Child Support attorneys can help you. C