Guide to Finding Virginia Child Support Lawyer

Getting divorced can be a difficult process. A common snag in the procedure comes when two separating spouses cannot agree on the size of the child support payments the non-custodial parent will be paying to the parent with custody of the child. Virginia child support lawyers can help mediate and resolve these issues. Here are a few things couples getting divorced should know.

Divorce in Virginia

When a couple decides to separate in Virginia, no wrongdoing must be demonstrated by either spouse. This means many people can draft an agreement of separation without consulting a VA child support lawyer. Married couples who are dissolving their relationship are encouraged to cooperate in resolving the terms of their separation by submitting a written plan detailing the separation of property, child custody and other issues.

Virginia child support lawyers get involved when two people cannot create a plan detailing monthly child support payments. In this case, the person seeking child support can ask the court to apply the standard charges calculated by the Virginia Child Support Obligation Calculator. This standardized program applies guidelines to determine how much a VA child support lawyer can reasonably ask the court to grant. Some of the factors taken into account include:

• Both parents’ monthly income before taxes

• Whether alimony is being paid

• Health insurance and daycare expenses

• Disability expenses

VA child support lawyers representing the non-custodial parent can petition the court to adjust the payments called for by this calculator if they are excessive. The attorney must demonstrate that factors not taken into account by the calculator, such as mortgage payments or unemployment, render the non-custodial parent incapable of making such payments.

In addition to the purely financial aspects, VA child support lawyers for both sides take many factors into account when determining a reasonable payment request, including:

• the standard of living the child was accustomed to during the marriage

• both parents’ age, mental health and ability to be self-sustaining

• custody arrangements

These monthly payments may be amended or ended by the court for a variety of reasons. VA child support lawyers can be helpful when adjusting payments to take into account loss or gain of income or other changing circumstances.

Family court

You do not necessarily need an attorney to file for divorce. Couples who can agree on all the terms of their divorce will be filing for an uncontested divorce and can complete with the paperwork without consulting a VA child support lawyer. However, couples who are having trouble agreeing on any issues involved with their separation will want to find private legal counsel who can help them resolve areas of dispute.
If both spouses have been able to agree on a payment plan with or without the help of a VA child support lawyer, a court appearance may not be required. After a plaintiff files a complaint, their spouse will waive their right to dispute the divorce or the proposed terms of separation and the no-fault divorce will move forward.

When an agreement cannot be reached, a court date will be scheduled. The judge will generally order court-supervised mediation between the two parties. A Virginia child support lawyer or other legal professional will be assigned to help try to achieve a resolution. If one cannot be found, both parties will appear in family court to argue their case. A judge will issue a legally binding payment plan based on the arguments of VA child support lawyers, taking into advisement any factors they think are relevant.

Sometimes the custodial parent may not honor the visitation rights of their ex-spouse. This does not mean you should stop making your monthly parents. Continue to honor the financial terms of any legally binding obligation. A Virginia child support lawyer can help you file a petition arguing your visitation rights are not being honored as long as you can show you have continued to act in good faith.

Hiring a lawyer

Not all couples will need private legal help to resolve child support issues. You should only think about hiring a VA child support lawyer if it is clear you and your spouse will not be able to reach an agreement on your own. At all stages, your goal should be to negotiate a mutually agreeable settlement rather than submitting to a legal judgment both spouses could find unsatisfactory.

If you decide you need the services of a Virginia child support lawyer, ask friends and family if they can refer you to a specialist they have worked with. The Virginia State Bar can also recommend a qualified attorney in the field. Before scheduling a meeting with any VA child support lawyer, check their disciplinary record online to make sure they are in good legal standing.

To get the most of a meeting with any attorney, assemble any relevant financial documents. Be prepared to honestly answer all questions a Virginia child support lawyer asks. In turn, you should have many questions of your own. Some things to ask when meeting with VA child support lawyers:

• What kind of experience do you have with my kind of case?

• If you are not qualified to represent me, can you refer me to a more experienced Virginia child support lawyer?

• What can I expect if I end up in court?

• What kind of payments am I realistically liable for?

Do not withhold any information you worry may put you in a bad light. Any Virginia child support lawyers you consult must know as much as possible before they can offer trustworthy advice. It is important to establish a strong attorney-client bond at the outset to avoid friction later on.

During your first meeting with any Virginia child support lawyers, be sure to obtain a detailed, written estimate of any expenses you can expect to be charged. If there are any charges you do not understand, ask for an explanation. A Virginia child support lawyer should be able to explain all your expenses in a way you can understand.