TIPS FOR PAYING CHILD SUPPORT WITH A VARIABLE INCOME IN VIRGINIA
Paying child support is a significant financial obligation for any parent. When a parent’s income is variable, such as earnings from a commission based career, the monthly payments may be a source of stress on months when business is slow. Here are some practical tips from lawyer Michelle Hopkins for parents who are paying their child support on a variable income:
Handling Good And Bad Check Months
When your income varies, it might be tempting to make extra payments on months when you receive a good check to compensate for months when you know your check will come up short. Formally, incomplete child support payments, or missed child support payments, are referred to as arrears by the Court.
However, this is not a wise strategy according to lawyer Michelle Hopkins. Based upon her experience in Prince William County Court for numerous child support cases, she states, “Any extra payments made before arrears are accrued are viewed as a gift by the Court. So in the event that your child’s parent were to take you to Court to enforce child support, the Judge would not view extra payments made as a way to pre-pay your ordered amount of child support for future payments.”
This means that the best way to prepare for bad months is to save income from good months to be prepared to remit your complete support payment each month in the future. “Paying exactly what you owe is the way to go. Only add extra amounts to pay for medical expenses, extracurricular expenses, or to repay arrears, and once those expenses are repaid, be sure to continue making payments in the exact amount that you were ordered to pay,” says Michelle Hopkins.
The Importance Of Communication
Although you may not want to speak with your child’s parent, communication goes a long way. “To keep your child support matter out of Court, communication is key. If you anticipate a short check upcoming, be sure to let your child’s parent know that your child support check will be short by a certain amount. In the same communication, provide a plan to repay the difference by adding a certain amount to future payments,” says Michelle Hopkins. If you make full support payments on time most of the time, and if have a plan to rectify your arrears and you fulfill that plan promptly if arrears occur, your child support matter should stay out of Court. That said, we do not ever recommend paying late or paying anything less than the ordered child support.
The Importance Of Record Keeping
If your child’s parent ever has a complaint about the child support arrangement, documentation will be critical to resolving the issues efficiently outside of Court, or necessary for a formal Court hearing to address the issues.
The records you need to keep include:
- The amount and date each payment was made.
- In the event that you pay extra such as medical expenses, extracurricular activities, or arrears, itemize what the payment consists of.
- Any communications about child support are recommended to be in writing to your child’s parent to have an exact record of the conversation.
Find a way to stay organized that works for you. Some parents create a spreadsheet in their computer. Others choose to save PDFs of emails and receipts of payments in a folder on their iCloud Drive. Others prefer to have paper copies and print everything to file in a binder or filing cabinet.
Schedule A Consultation
If you need guidance on your child support obligations, please do not hesitate to contact our office today at 571-248-2210 or info@mhopkinslaw.com to schedule a consultation. Michelle Hopkins and her legal team are ready and waiting to help you!