Most Common Child Support Myths In Virginia
The words “child support” elicit a variety of emotions in those who hear them. Whether or not your experience with child support was a good or bad one, you have likely heard things from other people about their experiences with child support in Virginia which may have colored your opinion about this hot topic.
Experienced Gainesville Virginia child support lawyer Michelle Hopkins debunks some of the most common myths clients have asked her about child support in this blog.
Child support never changes.
Child support can change any time a party petitions the Court or the parties agree to change it.
When child support is originally calculated, it is based upon the respective incomes of the children’s parents, which parent pays for health insurance, and the amount of parenting time each parent has. However, significant life changes, such as a change in income or a change of custodial time, may necessitate a child support being adjusted.
If one of the parents begins to make more or less money, they can let their child’s parent know of the change and ask to adjust support, or they can choose to petition the Court to adjust the amount of child support that they are required to pay. But there must always be a court order if any changes are made.
Child support always stops being paid when a child turns eighteen.
It is a common assumption that once a child is eighteen, child support ends. However, child support is payable until a child reaches the age of eighteen OR graduates high school. For example, if a child will be nineteen when she graduates high school, her support paying parent would not cease paying until she has graduated even though she is eighteen.
Further, many assume that child support ends at emancipation no matter what the child’s health looks like, but that is not always the case for children with disabilities. For example, if a child is severely disabled, his parents may be responsible for support payments beyond eighteen or the graduation of high school.
Lastly, there are two circumstances that can cause child support payments to become obsolete before a child emancipates: the parties make very comparable income which would mean they would pay each other the same amount, or the parties agree to waive support payments.
The more custody you have, the less support you pay.
It is a common assumption that the parent who holds the majority of the custodial time, or all the custodial time, does not have to pay child support. However, this is not always the case if one party makes significantly more than the other. For example, such as in the case of a parent who stayed home with their children and stopped working for years while their spouse established a successful career.
You should not just stop paying child support if your ex can’t afford a lawyer. They have to have money for a lawyer to hold you accountable.
While a good attorney makes the process of child support smoother and fights for their clients, parents also have the option to reopen a case themselves. Of course attorneys have invaluable knowledge and experience, but a parent who learns how to reopen a child support case can do enough to get a non-paying payor in trouble.
Once the Department of Child Support Enforcement is involved, they can “smash and grab” from a payor’s bank accounts to satisfy their child support obligations. If a child support payor continues to refuse to pay, there is also a possibility of incarceration.
How Can The Hopkins Law Firm Help Me?
The Hopkins Law Firm lawyers Michelle Hopkins, Sydney Remaily, and Tyler Melton are ready to assist you with your child support matters in Prince William County, Virginia and surrounding areas. Please do not hesitate to contact their office today at 571-248-2210 or info@mhopkinslaw.com to schedule a consultation. Michelle Hopkins and her legal team are waiting to help you!