Bristol, VA Child Support Lawyer

Child Support Lawyer Bristol, VA

Child support is intended as a means of ensuring that a child will continue to be financially supported after the dissolution of a marriage or relationship.  However, financial situations vary significantly, making one-size-fits-all payments impractical.  As such, each child support proceeding is different, and many factors will be considered when determining each parent’s obligations, such as (but not limited to):

  • Gross income
  • Needs of the parents and children
  • Insurance
  • Spousal support payments
  • Child custody
  • Special needs

At The Law Offices of Mark T Hurt, an experienced Bristol VA child support lawyer can have a significant impact on your case, as well as the stability of your family.  Call our office today to schedule a free consultation to learn about your child support rights and obligations.  We represent parents on both sides of child support matters and in modification proceedings.

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How is Child Support Calculated in Virginia?

In Virginia, both parents are legally obligated to support a child, regardless of their circumstances.  Support obligations are commonly arranged through child support orders, although parents may construct agreements with additional terms.

The Commonwealth of Virginia has strict child support guidelines that specify who must pay child support and how much must be paid.  Such determinations are dependent on a series of factors, including (but not limited to):

  • Total cost of living
  • Relative incomes of both parents
  • Number of children
  • Childcare expenses
  • Which parent (or parents) retains primary physical custody

Most commonly, a noncustodial parent will be required to make support payments to the parent who cares for a child most of the time (i.e., the custodial parent).  By dividing payments in this manner, the law intends to distribute the financial expenses of raising a child fairly between the parties, even if one is primarily charged with caregiving.

Who is Entitled to File for Child Support in Virginia?

Parents or guardians are entitled to apply for child support if:

  • A parent is the legal parent or guardian of a child and has sole custody;
  • A parent is the legal parent or guardian of a child and has joint custody with the other parent;
  • An individual has a “legitimate interest” in a child (e.g., a relative or grandparent); or
  • A child is over 18, but a child support order was established before this time, and past due amounts are owed.

Child Support Lawyer Bristol, VA

How Do I Apply for Child Support?

There are several ways to pursue child support, two of which do not require court intervention (but which must go through Virginia’s Social Services Department).  First, Virginia Social Services can issue child support orders without court approval.  To initiate this process, a parent or guardian must apply through the Division for Child Support Enforcement (DCSE).  Alternatively, the DCSE may automatically open child support cases for certain individuals (e.g., those applying for Temporary Assistance for Needy Families).

Child support payments may also be sought through filing a Complaint for Divorce in Circuit Court or a Petition for Child Support in Domestic Relations District Court.  Regardless of the method utilized to request payments, our experienced Bristol child support lawyers can be by your side through every step of the process to protect your rights.

Are Some Factors More Important When Calculating Child Support in Virginia?

All child support orders must follow Virginia’s Child Support Guidelines, which consider the following the most important factors:

  • The number of children entitled to support;
  • The amount of parenting time each parent has with a child; and
  • Each parent’s gross income.

The minimum child support payment in Virginia is currently $68 per month; however, payments vary significantly depending on the number of children, the gross incomes of the parents, and other factors.  For example, a noncustodial parent making $4,000 a month with three children must typically pay a minimum of $1,168 per month.  In contrast, an individual making $10,000 a month (and supporting the same number of children) must typically pay a minimum monthly amount of $1,845.

Courts may consider other factors (such as self-employment deductions, federal supplemental income, alimony, other child support payments, etc.), so it is vital to understand that support payments can fluctuate.  If you would like assistance calculating your estimated child support obligation, please contact our office to schedule a free consultation with an experienced Bristol child support lawyer.

How Long Do I Have to Pay Child Support?

Child support is typically required until a child reaches the age of 18; however, parents may agree on alternative arrangements for additional support.  For example, the parties may agree to continue payments while a child is pursuing a college education.

I Lost My Job. Can My Child Support Order Be Modified?

Virginia courts have the discretion to modify support orders if there is a material change in circumstances (i.e., a significant change has occurred).  For example, if a parent loses his or her job and no longer has a source of income or sole custody swaps to the other parent, these situations could be considered a material change.  However, small fluctuations in income do not typically justify a modification.

Additionally, Virginia courts always consider first and foremost the welfare of children.  Thus if a parent loses a job, the courts will expect that parent to find a new job as soon as possible, and will not simply reduce support until the parent finds a “good” job.

If you are unsure if a material change has occurred, we welcome you to call our office to schedule a complimentary consultation with an experienced Bristol child support attorney.  We can evaluate the facts of your case and provide guidance on whether a modification may be possible.

Will I Be Required to Pay for Private School Tuition?

Virginia courts can order private school costs to be covered by parents; however, whether to do so is solely within the Court’s discretion.  If a child has attended a private school for his or her educational career, the chances of obtaining such an order are greater than if a child previously attended public school.

Do I Have to Pay for Braces?

A common issue that arises is whether one parent can require the other to pay or share in the cost of braces.  If a dental professional recommends braces, this could support one’s case for the payments.   However, there is not a specific law that mandates uninsured dental expenses.  Thus, in most cases, braces must be a necessity (not a luxury or purely aesthetic) for courts to require payments.

Call Our Office to Schedule a Free Consultation with An Experienced Bristol Child Support Lawyer.

Despite having guidelines, child support cases can be challenging and vary significantly.  If you would like to file for support, dispute a support request, or pursue the modification of an existing order, we welcome you to call our office to schedule a free consultation.

We have years of experience successfully obtaining favorable child support orders, and we can fight tenaciously in seeking to obtain a just outcome in your case.  Call today to learn about your legal options.

What Our Clients Say

Mary, Bart, and Mark helped me tremendously with my workers compensation case. We navigated a long (over a year) road together and they helped me to not only win my case, but obtain a settlement of over $125k. I would recommend the Offices of Mark Hurt to anyone needing someone to stand with them in their corner! Thanks again Mary and Bart!! :-)
Charles Dutcher
Charles Dutcher
1685471585
Extremely pleased with the prompt support and guidance from Michael. He and the office staff were great to work with. They walked us through the process and were able to have my daughter's traffic violation dismissed with 0 points.
ga thomson
ga thomson
1684936164
Bart and Mary were very professional and helpful with my claim. I appreciate all that you did for me. You were great.Thanks forall that you've done.Clifford E Boyer
Clifford Boyer
Clifford Boyer
1683668004
I started receiving services through this law firm in 2017 for my workers compensation case. Over the years, this firm has been attentive, kind, patient and understanding to my needs. My calls were returned promptly, if the associate was unavailable at that time and I have had ample opportunity to speak with Mr Hurt directly concerning my case. With Mary Wilson, Bart Conway, Mr Hurt and others behind the scene, my case has progressed smoothly. I am very pleased with the services and attention I received at this firm and would recommend Mr Hurt, Mary and Bart for your needs.
Teresa Harris
Teresa Harris
1683569779
We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.
K F
K F
1682489385
We were fortunate to find the Law Offices of Mark T. Hunt to help us set up our estate. Melanie was a joy to work with. She did a wonderful job putting together all of the documents needed to complete our estate planning.
Roxanne Mcfall
Roxanne Mcfall
1681766365
The office got right back to me and were compassionate about my sensitive situation
polly deal
polly deal
1680754180
Jessica was helpful in assisting me with my disability claim!
Amber Snapp
Amber Snapp
1680618358
Jessica was super helpful when I had questions about submitting my claim for disability. She also got me a case manager quickly!
Amber Petrovich
Amber Petrovich
1680618228
I have only praise for the Mark T Hurt firm and especially Michael Miles. Michael was very helpful in guiding me through the court process ans assuring a good outcome. I would recommend this firm and Michael in particular if you need representation in Virginia!
Dave Dalpiaz
Dave Dalpiaz
1680114987
I called and spoke with Jessica in the Disability Dept. after my Denial and she was right on top of getting me the paperwork to Hire them as my Representatives to Handle my claim from here on out
Allen Smith
Allen Smith
1679416063
Jessica was extremely helpful at assisting me with getting me in the process to file my disability case.
Jason Harris
Jason Harris
1678138281
Thank youJessica from the Social security DeptU were very Helpful
Christal Postema
Christal Postema
1678134153
Jessica in theSoccial Secuity Dept was great
Bryon Nimmo
Bryon Nimmo
1678130439
I spoke with Jessica and she was fantastic! She helped me get my social security disability application started and set up with a case manager.
Rebecca Hunt Ford
Rebecca Hunt Ford
1678128980
Jessica @ Social Security Department was very helpful and friendly with us today.
Winonia Blankenship
Winonia Blankenship
1678125271
I had a ticket and was upset. I did not want points on my license. Frankie was amazing and made sure all my bases were covered. The Law Office of Mark Hurt did a wonderful job and got my ticket completely dismissed!!!! I am so glad they helped me. They were so nice and answered all my questions. I never had to worry after I talked with them. I would highly recommend that anyone who needs help with a ticket to talk with this firm!! Thank you so much for everything!!!
Nichloas Wyatt
Nichloas Wyatt
1677981214
Jessica in Disability is awesome!! She replies quickly and gets things done. I’m very satisfied with my choice and feel great that it is in their hands!
laura dykes
laura dykes
1677875154
The individuals I spoke with were courteous, helpful, and thorough. Thank you Jessica.
RoseMarie Whisnant
RoseMarie Whisnant
1677785574
Jessica and the disability dept are very helpful and give excellent assistance with filling a claim very glad I contacted them
Jessie Hawks
Jessie Hawks
1677680471
Was very easy process. Jessica was very friendly and helpful while applying for Social Security Disability.
Darlene Robinson
Darlene Robinson
1677623644
Thank you so much Jessica for helping me with my social security disability case! You were kind, helpful, and understanding. I greatly appreciate you!
Kelly Bragg
Kelly Bragg
1677613932
Jessica and the group started helping me with my disability case the same day I called. 10/10 recommend
Brittany Poole
Brittany Poole
1677612031
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