How to stop child support in va

How to Stop Child Support in Virginia

Parents who have undergone divorce and who have children often encounter the legal issue of child support. Fortunately, the Commonwealth of Virginia adopted what is essentially a formula for child support calculation. It helps one parent determine how much they will pay in child support to the other parent. This formula takes into account several factors, including income, child care costs, the number of days the parent has with the child, and more. 

But what happens when child support payments become a strain on your finances? What if you believe you should no longer have a child support obligation? Our experienced family law attorneys at the Manassas Law Group have adaptable legal strategies, meaning they’re ready to take on anything. To schedule a consultation, call 703-361-8246, or fill out our online intake form.

Generally, no. Virginia has very strict laws concerning child support payments, and the courts do not allow parents to legally waive or limit child support. As an example, let’s say that one parent fails to make their child support payments on time, for one reason or another. The two parents get together and agree to waive that payment. This agreement of a waiver is not legally binding. Under Virginia law, child support arrears, or money that is owed and should have been paid earlier, cannot be waived. The court also cannot modify or lessen the arrears that a parent accrued.

Virginia terminates its child support orders when the child turns 18, with one notable exception. If the child meets all of the following criteria, the custodial parent may still request child support payments.

• The child turns 18.
• The child is still in high school.
• They are not self-supporting.
• They still live with their custodial parent.

In this specific case, payments continue until the child either turns 19 or graduates high school, whichever comes first. Also, in cases where the child is severely and permanently disabled in some way, the court may require support beyond the age of 18. In this case, the child must not live independently of their custodial parent, and must reside within their home.

Yes, but only if the parents receive court approval. Virginia courts strongly suggest any and all adjustments to child support agreements to be done through the court system, as written agreements between the parents are not enforceable. However, both parents are allowed to modify their obligations so long as they are approved and reviewed by a judge in the state of Virginia. Any agreement like this must follow specific legal requirements, and it must be in the best interest of the child. In order to avoid legal pitfalls in negotiating your child support, we recommend speaking with an experienced Virginia family law attorney.

The non-custodial parent may petition the court to lower their child support obligations. In order for this to happen, the non-custodial parent must provide documentation of material changes in their life which justify the reduction. Additionally, it is the non-custodial parent’s responsibility to show that their inability to pay the original amount is not a result of a voluntary action. Lastly, they must also show that the material change is a new circumstance which occurred after the initial child support amount was set by the court. Below, we list common material changes that courts are likely to recognize.

• Medical bills due to unexpected emergencies.
• The custodial parent’s financial situation drastically improves or changes in some way.
• Virginia’s child support guidelines change in some way.

In cases of child support overpayment, there is no credit guarantee for that overpayment. Virginia courts, in the past, have held that overpayments do not receive credit toward future child support payments. The courts consider these overpayments to be gifts, which do not count for future payments.

No matter what, keep in mind that penalties for missed payments have the potential to be very steep in Virginia. If there is ever a time in which you worry about your own ability to meet your child support obligations, you should speak with a knowledgeable family law attorney in Virginia. They can help reduce your chances of facing penalties for failing to make your payments. Below, we list the possible penalties for missed or unpaid child support. 

• Financial penalties: Virginia courts might make up the missed payments in the form of wage garnishment, tax refund garnishment, or even government benefits withholding.
• Personal penalties: After failing to pay, your driver’s license might be suspended, as well as any other licenses you might hold. The courts might also prevent you from renewing your passport. Additionally, your late payments will likely be reported to your employer and Virginia credit agencies.
• Criminal penalties: In some cases, Virginia courts find those who fail to pay their child support to be in contempt of court. This comes with the possibility of a jail sentence.

As these penalties have the potential to be quite severe, we highly recommend that you stay current with your payments. If there is even a possibility that you could miss a payment, contact the Manassas Law Group right away. We can help you explore your legal options to put you back on track and avoid serious penalties. 

The sooner you get an attorney to represent your financial interests, the better. At the Manassas Law Group in Virginia, we use our experience and knowledge to get you results. We’re experienced trial lawyers, which means that when conflict resolution outside the courtroom doesn’t work, we’ll fight on your behalf in front of a judge. Whether you’re looking for specific legal advice or general guidance on an issue, we can help. Call 703-361-8246 to arrange your consultation, or visit us online.

Can You Stop Child Support if Both Parents Agree?

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Can You Stop Child Support if Both Parents Agree?

Child support payments in Virginia are neither reward nor punishment. They are intended to keep children happily living the lives they came to expect before Mom and Dad went their separate ways. If both parents want to put a halt to child support, is Virginia okay with that?

Okay, Why Child Support?

Virginia requires child support payments so that Virginia’s vulnerable population of children, 0 to 18 years, does not suffer from neglect.

Child support is paid by the higher-income, usually noncustodial, parent to the custodial parent to cover expenses of raising children:

• Mortgage or rent payments (shelter)
• Clothing and shoes
• Food and drink
• Toys, games, recreation, camp, and extracurricular activities
• Warmth, security, and gifts
• School supplies

What happens if both parents suddenly find themselves so well off economically that child support is unnecessary?

Uh, Okay,

The Commonwealth of Virginia is not okay with a spontaneous or ill-conceived halt to child support if the child support was part of a court order. Defying a court order, even if such defiance was mutually agreed upon by the two adult parties, is contempt of court.

In Virginia, contempt of court is a serious offense. Under Code of Virginia § 16.1-292, a person found violating an order from Juvenile and Domestic Relations Court faces a $250 fine and 10-day jail sentence. In Virginia Code § 20-124.2, the court’s power to punish wayward parents is plainly spelled out:

1. The court shall have the continuing authority and jurisdiction to make any additional orders necessary to effectuate and enforce any order entered pursuant to this section or § 20-103 including the authority to punish as contempt of court any willful failure of a party to comply with the provisions of the order.

If the child support arrangements for two separated or divorced parents emerged from a court decree either in Virginia Circuit Court or Juvenile and Domestic Relations Court, do not veer from the arrangements.

Okay, Sure,

Two loving, caring parents can work with their attorneys to agree on child support, visitation schedules, and custody before such arrangements reach a Virginia court. The agreement can be approved by a Virginia judge.

As long as the child support payment schedule and amounts do not deviate from Code of Virginia § 20-108. 2 (you cannot pay less than the guidelines, but you can pay your children more), a judge is likely to approve your plans.

Assuming Virginia’s Department of Child Support Enforcement (DCSE) is not involved in your child support case, an agreement between the two parents will almost always be honored by the court.

Okay, But You

While the custodial parent — let’s assume for argument that it is the children’s mother — could be cool with no income for the kiddies, and while she may promise not to say anything, just agreeing out loud to end payments is a dangerous idea.

Without a written agreement to stop child support, Mom could turn around five months later and make a claim against Dad for not paying child support. Where is proof that you mutually agreed to end support? Now Dad not only faces contempt charges, he is in arrears for months of payments.

Rather than work from an oral agreement to stop child support payments, both parents should ask their attorneys to petition the court for a modification of child support based on material changes to both parents’ lives.

Best Interests of the Child

The legal concept of “best interests of the child” is so ingrained in Virginia Code as to almost be a mantra. It is certainly what every judge uses as a yardstick when ruling on petitions affecting children.

No Virginia judge will agree to stop child support payments if the children’s guardian ad litem or other friends of the court showed such payments are vital for the children’s wellbeing.

Financial records could support the parents’ motion to stop payments, as would, say, a video clip of the custodial parent winning the Mega Millions lottery.

Game Plan with The Firm For Men

If you and the child’s mother are determined to end child support payments, each of you should approach your family law attorneys to draft a motion to end them.

Sufficient income, favorable living conditions of the children, and parental agreement all become evidence that child support can stop without harm to the kids.

Done right, the strong relationships between Dad and kids, Mom and Kids, and Mom and Dad (as supportive, separated parents) can continue. And Virginia’s courts will likely be okay with it.

To make changes to child support, parenting time schedules, or child custody, contact us at The Firm For Men. You may also telephone our office at (757) 383-9184. We can help Virginia’s men save money, improve their family relationships, and preserve their rights.

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A selection of the most important documents upon request Termination of maintenance obligations the child died (regulations, forms, articles, expert advice and much more).

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Selection of court decisions for 2019: Article 120 "Termination of maintenance obligations" of the RF IC
(R.B. Kasenov) alimony. As the court pointed out, the father of the minor, whose paternity was established by court decision, died. By a court decision, alimony was collected from the father of the minor. On the date of the death of the testator, the alimony debt remained outstanding. The heirs of the deceased are his daughters and wife - defendants. In paragraph 2 of Art. 120 of the Family Code of the Russian Federation provides that the payment of alimony, collected in court, is terminated by the death of the person receiving the alimony, or the person obliged to pay the alimony. At the same time, a court ruling providing for the recovery of alimony from an obligated person imposes on him the obligation to pay a certain amount of money every month, the non-payment of which entails the occurrence of a monetary debt (monetary obligation). Such a monetary obligation is a debt not related to the personality of the deceased debtor, and therefore the obligation to pay it passes to the debtor's heir, which the latter, subject to acceptance of the inheritance, is obliged to repay within the value of the inherited property that has passed to him. nine0015

Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 N 5 "On the application of legislation by the courts cases related to the recovery of alimony. By virtue of the provisions of Article 97 of the RF IC, the court has the right to recover alimony from stepsons and stepdaughters for disabled stepfathers or stepmothers who need help, who raised and support them for at least five years (if these duties were performed by them properly), including in the case when the parent living separately from the child, during the specified period, took part in the maintenance and upbringing of this child. nine0015

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"Family Code of the Russian Federation" dated December 29, 1995 N 223-ФЗ
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(as amended and supplemented, effective from 01.09.2022)1. Alimony obligations established by an agreement on the payment of alimony terminate upon the death of one of the parties, the expiration of this agreement, or on the grounds provided for by this agreement. nine0015

Family disputes: legal exemption from child support

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When is it legal to not pay child support? Where to apply for exemption maintenance obligations?

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The birth of a child inevitably imposes a number of responsibilities on parents, the main of which is the upbringing and maintenance of a minor. In the event of a divorce, one of the parents is obliged to pay a certain amount to the other, if the child remains with him, as material support. When you take on this responsibility consciously, then it will only please you, but if you do not agree with this state of affairs? Let's figure out what reasons you have for not paying child support. nine0045

When it is legal not to pay child support

The Family Code provides for 10 conditions that exempt from paying alimony:

1. Adoption of a child by a new spouse.
2. The child reaches the age of 18.
3. Emancipation of the child.
4. Death of a parent or child (it is important to note that the death of the payer does not cancel the unpaid alimony debt, which is inherited).
5. Acceptance by a parent of an agreement to replace the payment of alimony with the transfer of property under a donation agreement. Such a replacement can be carried out only with the permission of the guardianship authority. nine0004
6. Denial of paternity based on the results of the examination.
7. If the child is from another marriage or adopted under the age of 10 with the consent of the other parent.
8. Long-term treatment.
9. A sharp deterioration in the financial situation.
10. Military service.

It should be understood that this list is not exhaustive, and the court, when making a decision, will take into account the specifics of each specific situation. For example, the Supreme Court points out that non-payment of alimony while in prison is not a basis for exemption from administrative liability. Other circumstances will be considered: whether the parent was involved in paid work during the period of serving the sentence, whether he refused to work without good reason. nine0045

It is also necessary to pay attention to the fact that in some cases the fact of joint residence of the alimony payer and the alimony recipient may serve as a reason for exemption from maintenance obligations.

Procedure for exemption from maintenance

You can be released from paying alimony by a court decision or by the occurrence of circumstances specified in the law. If the payer has grounds for terminating payments, he has the right to apply to the court with a claim for exemption from alimony. nine0015

In cases where a written agreement has been concluded between the former spouses regulating the amount and procedure for payments, it is possible to conclude a new one or unilaterally apply to the court with a request to terminate or change the terms of such an agreement.

Disputes on the release of a person from maintenance obligations are considered by justices of the peace. The territorial jurisdiction of such cases is determined by the place of residence of the defendant, which in this case will be the recipient of alimony.

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