WILL I PAY THE SAME AMOUNT OF CHILD SUPPORT UNTIL MY CHILD IS EIGHTEEN IN VIRGINIA?
When you receive your Court ordered child support amount, you may be overwhelmed. Or when you agree upon an amount of child support with your child’s parent, you may be apprehensive; lots can happen between now and your child’s emancipation. Will you be paying this same amount for years to come? Michelle Hopkins offers insight on this topic below.
Duration Of Child Support Payments
The child support payments the paying parent agreed to or was ordered to pay will stand until a formal change occurs.
Never agree to change child support payments informally; via “handshake” or a simple email, etc. In the event that your child’s parent decides they want to formally address an issue regarding child support with the Court, any informal agreement would not stand. Paying any amount other than the last ordered amount would be viewed by the Court as a violation of the last formal order regarding child support, even if both parents were in agreement.
Formally Changing Child Support
Should an event occur that necessitates a change to a current child support order, seek the assistance of a lawyer such as Michelle Hopkins, Sydney Remaily, or Tyler Melton at The Hopkins Law Firm. If you and your child’s parent are in agreement, they can assist you with updating your child support obligation in an agreement in the office, or they are ready to fight for your interests in a formal Court proceeding.
What Is A Material Change Of Circumstance?
If your child’s parent wants to change the amount of child support paid and you do not agree, they may seek the intervention of a Court of appropriate jurisdiction. However, to avoid clogging the docket with frivolous cases, the Court requires a standard be met before cases may be reopened.
This standard is called a material change in circumstance. This means a significant life change that impacted a parent’s ability to pay child support. For example, if parents had their child at a young age and were just starting to work, but years later their earnings increased as they progressed in their careers, this increase in income would be considered a material change of circumstance. Another good example is a change of custody; if a minor child primarily resided with one parent, but then began to reside with their other more, nearly equalizing their time spent in both houses, the amount of child support owed to the formerly primary parent could be adjusted according to how custody is now divided and the respective incomes of the parents.
Schedule A Consultation
If you need assistance with 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!