Child support is mandated by the state of Virginia as a benefit for children. The Charlottesville child support attorneys of Joseph & Mische, P.C. have experience representing both mothers and fathers seeking to establish, modify or enforce child support. We do our best to make sure everyone has a sound financial future and that you and your children are treated fairly. Our Charlottesville child support law firm hopes to put you and the other parent of your child in a better position to live amicably.
We can help you understand how child support is calculated, make you aware of your options and then guide you through the process. Virginia has a set of guidelines that the family law courts use in determining the amount of child support. The court may also deviate from the guideline support, either upwards or downwards based on the factors found in Virginia Code §20-108.1. Those many factors include:
It is incumbent upon your attorney to bring all pertinent facts to the attention of the court, so the judge can apply relevant factors to reach a fair decision.
When you are in a child custody or child support dispute, a judge who doesn’t know you or your children may render the final decision. As your advocate, we take many decisive steps to protect your interests:
Through negotiation and mediation, we are often able to reach a fair result without putting the issues before the court. However, when a trial is necessary, we come to court prepared and litigate aggressively to protect your rights.
After divorce, a substantial change in circumstances can make a child support order unduly burdensome for the supporting parent or suddenly insufficient for the recipient. Parties often try to work out informal agreements, especially when a financial setback seems temporary. But, unfortunately, the original court order remains in force despite the parties’ agreement, so the recipient parent can always go to court and have the old order enforced. That’s why it’s always advisable to go through the proper channels to modify an order, even when the parties agree.
When the parties disagree about whether the support order should be modified, it is sometimes possible to reach a negotiated or mediated solution. But, very often, the case must go back to court. If the supporting parent is already delinquent in payments, the court can take harsh measures to compel payment, including garnishing wages and incarceration for contempt. We represent parties seeking enforcement and those defending against overly harsh measures.
When you need help with child support matters, call the Charlottesville office of Joseph & Mische, P.C. at 434.260.8749 or contact the firm online to schedule a confidential appointment.