Child Support Lawyers
Raising children is expensive, even when covering only their basic needs. This makes child support an essential element in any divorce or paternity case. Even when both parents agree that financial support is necessary for the well-being of their shared children, it can become a highly contested issue once specific numbers get involved. Whether you are the one paying child support or the one receiving it, you can benefit from the services of a knowledgeable child support attorney.
Mahoney Richmond Thurston, PLLC, has spent years helping parents throughout Virginia Beach and Hampton Roads work through complicated family legal issues. Our attorneys bring both legal knowledge and courtroom experience to child support matters, and we know how much is riding on getting this right for your family.
Who We Help With Child Support
All kinds of questions, problems, and concerns can come up when you’re trying to figure out how your child will be financially supported once you and their other parent are no longer together. At Mahoney Richmond Thurston, PLLC, we most often work with parents who are:
- Wondering if they’ll have to pay child support in a divorce. You are divorcing or separating and need to understand what child support is, who may pay it, what it is meant to cover, and how it fits into your divorce or family court order.
- Trying to estimate how much they’ll pay or receive in child support. You want to understand how both parents’ income, the number of children, parenting time, health insurance, child care, and other expenses may affect the monthly support amount.
- Trying to divide child-related expenses beyond monthly support. You need to know how daycare, health insurance, uncovered medical bills, school expenses, activities, and other child-related costs should be divided between parents.
- Not receiving their court-ordered child support. The other parent is late, underpaying, refusing to pay, or owes back child support, and you need help enforcing your divorce or family court order.
- Needing to change child support after divorce. The current support amount no longer fits because income changed, parenting time changed, expenses changed, a child’s needs changed, or one parent lost a job.
Whatever struggles you’re facing with child support, we’re ready to help you understand your obligations and seek a favorable outcome.
What You Need to Know About Child Support in Virginia
How Is Child Support Calculated?
Virginia law holds both parents financially responsible for their children, regardless of marital status. Courts calculate support using a formula built around both parents’ combined income, so that a child receives the same level of financial support they would have if their parents lived together.
Here’s how the process generally works:
- Both parents’ gross income is added together. Income includes far more than a paycheck. Salaries, wages, commissions, bonuses, dividends, severance pay, pensions, veterans’ benefits, Social Security, workers’ compensation, disability, unemployment insurance, spousal support, rental income, and even lottery winnings can all count.
- The combined income is applied to Virginia’s child support guidelines. State guidelines set a base support obligation depending on income level and the number of children involved.
- Each parent’s share is calculated based on their percentage of the combined income. A parent who earns 60% of the couple’s combined income, for example, generally pays 60% of the base child support obligation.
- Adjustments are made to account for parenting time, health insurance, and childcare costs. The parent with primary parenting time typically receives support, since they carry more of the day-to-day costs, but the specific amount can shift based on parenting arrangements and other shared expenses.
- The court issues a final support order. This order reflects the calculation along with any adjustments specific to your family’s situation.
If you’re unsure whether a source of income needs to be included in your calculation, an experienced child support lawyer can help you sort that out before it becomes a dispute.
Can Child Support Be Changed?
When a court issues a child support order, it isn’t meant to be temporary. Even so, there are circumstances where requesting a modification makes sense. Parents have the right to ask for a review of their child support order when there’s a substantial change in circumstances, such as:
- A material change in health care coverage costs
- A material increase or decrease in employment-related daycare expenses
- A material change in a parent’s income
- A child needing to be added to or removed from the order
- The current order needing to include an unreimbursed medical or dental provision
- A child becoming ineligible for continued support due to a physical change in custody or the child’s legal emancipation
If you’re not sure whether your situation qualifies for a modification, an attorney can review the details and help you understand your options.
How Do You Enforce a Child Support Order?
A child support order carries the full weight of the court behind it, and Virginia has several tools to enforce compliance when a parent falls behind or refuses to pay. Enforcement can include wage withholding, interception of tax refunds, suspension of a driver’s license or professional license, liens on property, and, in serious cases, contempt of court proceedings that can result in fines or jail time.
If the other parent isn’t meeting their obligation, you don’t have to wait indefinitely or handle collection on your own. An attorney can help you file the proper motions with the court and pursue the enforcement remedies available to you.
Why Do Parents Work With Mahoney Richmond Thurston, PLLC?
Child support decisions shape your finances and your child’s daily life for years to come. When the stakes are this high, you need a firm that brings real experience and a track record of results to the table. At Mahoney Richmond Thurston, PLLC, we are known for our:
- Significant recognition in family law, including honors from Best Lawyers and Martindale-Hubbell’s AV Preeminent rating, the highest available for ethical and professional standards.
- Team-based approach. Our attorneys, paralegals, and legal assistants work together on family law matters, drawing on the collective knowledge of our staff to help clients pursue their case goals.
- Clear explanations of your situation and options, so you always understand where your case stands and what comes next.
- Focus on people, not just numbers. We don’t approach child support as a math exercise. We see the parents and the children behind the figures and understand how the outcome affects every part of your life.
- Skill in negotiation and in the courtroom. We adapt our approach to what your specific situation requires, whether that means reaching an agreement at the table or advocating for you before a judge.
Your family’s future is more than a formula. You can rely on us to help you protect it.
Get Help With Your Child Support Case
Don’t leave questions about your child’s financial stability to guesswork. Talk with our attorneys at Mahoney Richmond Thurston, PLLC about the circumstances that could affect your child support case.
FAQs About Child Support in Virginia
What If My Child's Parent Tries to Hide Income to Avoid Paying Child Support?
Virginia courts take income concealment seriously. If you suspect the other parent is hiding income, underreporting earnings, or getting paid under the table, an attorney can use financial discovery tools such as subpoenas, depositions, and requests for tax records, bank statements, and business documents to uncover the true income. Keeping your own records of the other parent’s lifestyle, employment, and spending patterns can also support your case.
Does a 50/50 Parenting Schedule Mean No Child Support?
Not necessarily. Virginia’s shared custody guidelines factor in parenting time, but equal time doesn’t automatically cancel out support. If one parent earns significantly more than the other, that parent may still owe support even with a 50/50 schedule, since the calculation accounts for both parents’ relative income alongside the time each parent spends with the child.
Can the Court Consider a Parent's Earning Potential Instead of Actual Income?
Yes. If a parent is voluntarily unemployed or underemployed, or intentionally taking a lower-paying job to reduce their support obligation, the court can impute income based on that parent’s education, work history, job skills, and local job market. This prevents a parent from avoiding their financial responsibility by simply not working to their full capacity.
Do I Still Have to Pay Child Support If I Don't Get My Parenting Time?
Yes. Child support and parenting time are treated as separate legal issues in Virginia. Even if the other parent denies you scheduled time, you generally must continue paying support as ordered. Withholding payment on your own can lead to enforcement action against you. Instead, you should file a motion with the court to address the parenting time violation directly.
Can a Mother Request Child Support Without Sharing Custody?
Yes. A parent with primary or sole physical custody can request child support regardless of whether the other parent has any parenting time at all. Child support exists to cover a child’s needs, and a non-custodial parent’s obligation to contribute financially doesn’t depend on how much time they spend with the child.