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All parents, whether they are married or not, have a duty to support their children. In Virginia, parents must support their children until they are 18 years of age, or until they are 19 or graduate from high school, whichever occurs first, if they are still in high school when they turn 18. Support can also be ordered beyond a child’s majority for a disabled child. |
Virginia uses statutory guidelines to determine what amount of child support one parent should pay to the other. The guidelines are based on the parties’ combined gross monthly incomes. The guidelines also factor in the additional cost of health insurance for the children and the cost of any work-related child care. The guideline amount is presumed to be the correct amount of child support, however there is basis upon which child support can deviate from the guideline amount. There are many factors which can be relied upon to support either an upward or downward deviation from the guideline amount, including additional expenses for a special needs child. Consult with a Cole Miller attorney if you are interested in deviating from the guidelines. Child support agreements also need to consider how other voluntary expenses for the children will be paid and shared, particularly where you have a shared custody arrangement with two homes where the children spend significant time.
Child support orders are enforceable under state law. If you have a right to receive child support by agreement or Court order and you are not receiving your support, our attorneys can help you obtain enforcement of the support.
Child support may be modified by the court until the duty of support is terminated. Over time, one party’s financial circumstances may increase or decrease or the child may require special services that were not anticipated when the support amount was initially set. If you want to increase the amount of support you receive or decrease the amount of support you are required to pay, our attorneys can help you negotiate a change in the amount of support through mediation or the Court.
Teresa S. Cole
Michael C. Miller
Virginia C. Haizlip
Amanda Stone Swart
Camille J. DiIlio
Our attorneys practice primarily in Arlington County, Fairfax County, Fauquier County, Loudoun County, and Prince William County as well as in the cities of Alexandria, Annandale, Arlington, Ashburn, Burke, Centreville, Chantilly, Clifton, Fairfax, Falls Church, Great Falls, Herndon, Leesburg, Manassas, McLean, Merrifield, Middleburg, Oak Hill, Oakton, Occoquan, Reston, Rosslyn, South Riding, Springfield, Sterling, Tysons Corner, Vienna, Winchester, and Woodbridge.
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