Experienced Child Support Advocates On Your Side

As a parent, your children are among your top concerns at the end of a relationship. The courts expect that both parents will provide financially for their children, but you may have many questions regarding what that will mean for your family. You need an experienced, caring attorney to answer your questions and advocate for you and your children.

At Robert L. Isaacs & Associates, our lawyers have represented clients in over 10,000 cases involving the establishment or disestablishment of child support, as well as child support modifications. In addition to private clients, we represent the Virginia Department of Social Services, Division of Child Support Enforcement (DCSE). Few lawyers can match our level of experience.

NOTICE:
If the DCSE is involved in your case, it is likely that Robert L. Isaacs & Associates will be unable to represent you regarding any child support matter. If you have further questions regarding this issue, you can reach us at 804-297-0763.

Understanding Virginia’s Child Support Laws

Whether you are going through a divorce or have never married your child’s other parent, the courts determine child support by following the formula laid out in Virginia Code §20-108.2. The formula accounts for the gross monthly income of each party, work-related child care expenses, health insurance expenses and the amount of time each parent has with the child or children under the custody arrangement.

Factors vary widely as to how they affect support. For example, income may vary, or a party may have held multiple jobs. Other factors set out in the law that go beyond the formula may also apply.

Modifications For When Life Changes

Child support may be changed upon a showing of a material change of circumstances that warrants such a change. For example, if the children are no longer in child care, support may be modified.

In addition, the state legislature makes periodic revisions to the child support calculators. The last revisions went into effect on July 1, 2014. If you have an older order, you may wish to have us review your child support figures to see if changes in the law would apply to your situation.

Frequently Asked Child Support Questions

Can You Claim Your Child on Taxes If You Pay Child Support?

Most of the time, tax benefits (including tax relief, Child Tax Credit, etc.) are tied to custody, not support payments. Generally, the parent with primary custody claims the child as a dependent, but joint custody arrangements also apply. There could even be a court order that allows you to claim your child, regardless of other circumstances.

How Far Behind Can You Get on Child Support Before a Warrant is Issued?

Typically, if you’re behind for several months and/or the amount owed is significant, the relevant child support enforcement agency can issue a bench warrant for your arrest.

Again, it depends on your ability to pay and how strongly the wronged parties insist (more insistence, faster turnaround). Even if you get away with it a few times, expect consequences after missing several payments or accumulating arrears. Once a warrant is out for your arrest, you may face fines, garnished wages, intercepted tax refunds, and even jail time.

Can You Get a Passport if You Owe Child Support?

From the US Department of State's website: "If you owe $2,500 or more in child support, you are not eligible to receive a U.S. passport. Before you apply for a passport, pay your child support to your state."

This procedure includes emergency passport requests and ensures that the offending party cannot leave the country or access registration privileges that other citizens who pay their relevant costs enjoy.

What Happens if You Don’t Pay Child Support?

Failing to pay won’t just “get you in trouble” with the other party—it’s a legal violation with serious consequences that increase over time.

As mentioned above, the timeline for consequences vary based on custody and the forms filled out by whomever is owed support payments. The penalties escalate from small to large: first, child support enforcement agencies will likely take action, such as wage garnishment, or tax refund denial.

If you still haven’t paid support, you may find a court order establishing liens on your property or other fines. You could be arrested if you ignore a court order, and an arrest warrant may be issued after a few missed payments or accumulating arrears.

Contact Robert L. Isaacs & Associates

For more information, call 804-297-0763 or use send us a confidential email to schedule a consultation. We serve Henrico and the entire Richmond area.