Child Support Attorney in Chesapeake

Establishing, Modifying, and Enforcing Your Order

Child support obligations typically last until a child turns 18 or graduates high school, whichever occurs later (up to age 19). However, a final order is not always permanent, and issues of non-payment require legal action.

Modification of a Child Support Order

A child support order can only be modified if one parent files a motion and proves a material change in circumstances that justifies recalculating the amount. 

Acceptable reasons for modification include:

• Change in Income: A significant increase or decrease in either parent’s gross income (generally a change of 25% or greater).
• Job Loss or Underemployment: Job loss that is involuntary. The court can impute income to a parent who is voluntarily unemployed or underemployed to prevent them from avoiding their obligations.
• Change in Custody: A significant change in the number of overnights the child spends with either parent.
• Change in Child's Needs: A substantial increase in the cost of a child's care, such as for necessary ongoing medical expenses or special educational needs.

Enforcement of a Child Support Order

If the payor parent fails to make mandated payments, the recipient parent must take legal action to recover the arrearages (past due amounts). Our firm assists in filing Contempt petitions in the Chesapeake Juvenile and Domestic Relations District Court or Circuit Court. 

Remedies for non-payment include:

• Income Withholding (Garnishment): Ordering the payor’s employer to withhold the support directly from their wages.
• License Suspension: Suspending the payor parent’s driver’s license.
• Contempt: Holding the payor parent in contempt of court, which can result in fines and jail time.
• Lien Placement: Placing liens on the payor’s property or seizing assets.

Challenging Income and Expenses in the Formula

As your child support attorney in Chesapeake, we recognize that the initial calculation is the most important step. Insurance companies or uncooperative payor parents often attempt to manipulate the financial inputs to skew the final number.

• Identifying Hidden Income: Our firm investigates all potential income sources, which can include overtime pay, bonuses, commissions, passive income from investments, and perquisites that should be factored into the gross income calculation. This is crucial in cases involving self-employed individuals or those with complex employment structures.
• Imputing Income to an Underemployed Parent: If the other parent is deliberately working at a lower-paying job or has voluntarily reduced their hours to minimize their support obligation, we argue for the imputation of income based on their past earning history and vocational ability.
• Challenging Unreasonable Expenses: We scrutinize the costs claimed for health insurance and childcare to ensure they are reasonable and necessary, preventing the inflation of costs that would unfairly shift the burden to the other party.