Child Support Retained By the State of Virginia Fairfax Attorney

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Child support is defined as a fixed payment that is paid per a certain period by a parent of a child. This is done when a marriage is terminated between two parties and the guardian of the child by law will not support the child alone but the other party will have to offer support as well. This support is done solely for the child’s benefit. In the state of Virginia, a court of law will decide which party of a terminated marriage will have custody of a child if it’s full legal custody and the other party will have to pay periodically to support the child.

Normally, in the state of Virginia, juvenile maintenance is paid by a certain party until the minor reaches the age of 18 to 19 years old. That is the case when the minor does not have any mental or physical conditions. If the minor has physical or mental conditions, the party paying juvenile maintenance will continue doing so even if the minor passed the age of 19 years old. The party paying minor support is mandatory on one of the parents who did not win the custody of the minor.

In the state of Virginia, juvenile maintenance is retained through a Virginia’s Juvenile and Domestic Relations District Court. This is done when both parents agree on the amount of juvenile maintenance given and by who it will be given before their divorce is finalized. When parents do not agree on the amount paid for juvenile maintenance and who will pay it, the plaintiff between the two parents which is the party filing for the juvenile maintenance case must fill an application with information needed by the court. This application is then submitted to Virginia’s Division of Child Support Enforcement. This division will either force juvenile maintenance on the parent which did not win the custody of the minor when he/ she divorce his/ her former spouse or, in the case of a minor from two unmarried parents, decide which parent is more suitable for custody and then force juvenile maintenance on the other parent.

A judge in a Virginia’s Juvenile and Domestic Relations District Court in the state of Virginia will decide on the amount of juvenile maintenance that the parent with no minor custody should pay by considering a number of factors.

These factors include but are not limited to the following:

  • The income of the non-custodial parent;
  • Fees for the center that takes care of the minor throughout the day such as a daycare;
  • The child’s normal expenses;
  • Health expenses such as medical insurance expenses; and
  • The benefits that the child is receiving such as social security.

The judge in a Virginia’s Juvenile and Domestic Relations District Court will review the factors again after three years and will continue doing so every three years until minor support is no longer needed. Child support will no longer be needed when the minor passes the age of 19 years old is becomes fully capable of affording the living expenses by himself/ herself. An exception in such case would be if the minor is mentally or physically incapable of affording his/ her living expenses even though he/ she passed the age of 19 years old.

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

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