When someone is paying child support in Virginia, similar to in other states, the payments can be substantial. Due to this issue, many paying parents hope they can stop making these payments as soon as possible.
Although many people assume that child support payments can terminate automatically after certain conditions are met, this does not always happen. However, child support payments may end when the child:
- Reaches the age of majority
- Leaves for undergraduate studies
- Passes away
- Gets married
There are also some situations where child support payments may be required to continue after the child reaches the age of majority, such as, if they are disabled. In Virginia, a child is legally entitled to monetary support from their parent until they reach 18 years of age.
If certain situations do arise, a child can be emancipated prior to reaching the age of 18, and child support can end if the child:
- Gets married
- Is in the military
- Becomes self-supporting
In some cases, a child can be considered emancipated if they are older than a certain age, if they leave their parent’s home, and if they do not obey reasonable commands from their parents. When a child is emancipated, it means they are able to manage their own affairs and are self-supporting. In this situation, the paying parent may be able to terminate their support obligation.
Once the child has met one or more of the requirements noted above, they should consult with a local attorney in Virginia to help stop child support. It is important to note that an individual cannot stop making their required child support payments until a court order is issued that states that they are no longer required to make payments.
When Is Child Support Ordered?
When parents in the State of Virginia divorce or separate, courts may require one parent to fulfill their legal obligation to their child by paying child support to the other parent. Typically, these payments are made on a monthly basis for the benefit of the minor child.
Child support payments are not intended for the benefit of the receiving parent, or the custodial parent, but are instead made for the basic needs of the child, including housing, food, and clothing. Custodial parents are the parents who live with the child most of the time.
Non-custodial parents are the parents who do not live with the child and are usually the parents who pay child support. Every state has its own regulations, requirements, and formulas for calculating child support.
Typically, the child support obligation amount will be based on the gross income of each of the parents. In some cases, retroactive child support may be ordered by a court if the non-custodial parent has not paid their child support in the past.
If the parent making the payments has a legal reason to terminate their obligation, they need to consult with a lawyer who can file a petition to terminate the payments on their behalf. The court then issues an order that is based on the child’s best interests regarding the necessity of continuing the monetary support.
How Is a Child Support Award Enforced?
If a court issues a child support order, that child support order will be legally binding on both of the parents and will be legally enforceable in court. This means that the receiving parent cannot refuse to accept the payments nor can the parents agree to different terms amongst themselves.
If the parent who is obligated to make payments does not do so, the receiving parent can consult with a family attorney who can help them enforce the child support order. If the parent who is obligated to pay still refuses to make the payments, they can face serious consequences, such as:
- Suspension of a business license
- Seizure of property
- Imprisonment
A child support order can be enforced in a different state if the paying parent moves out of their current state. The Uniform Interstate Family Support Act (UIFSA) gives options to parents who are trying to enforce child support orders in different states.
How Can I Avoid a Child Support Increase?
Child support payment obligations may be increased if proof is provided that there was a substantial change in circumstances. In these situations, the receiving or paying parent can request a modification of a child support order, which may include:
- If there is a medical emergency or unexpected need
- If the paying parent is deployed in the military or is incarcerated
- If the paying parent has a child in income resulting from:
- a new job
- reduced working hours
- other reasons
- If the paying parent’s family size changes
- If there is a major change in visitation or custody
- For example, if there is a change in primary custody change or the parent who makes the child support payments is awarded more custody rights over the child.
After reviewing these issues, a court can change, or modify, the current child support order so that it reflects the changes in circumstances. The paying parent can also have legal representation to ensure their child support payment amount is not unfairly increased.
When determining the proper amount of child support payments, the court will follow the child’s best interests standard. Following this standard will include a review of several factors, such as:
- The child’s well-being
- Their physical state
- Mental state
- Religious or cultural preferences
How Can I Stop Paying Child Support?
As noted above, parents cannot agree to waive court-ordered child support payments. In order to legally stop making these payments, the paying parent will have to show there has been a material change in circumstances since the child support order was issued.
For example, when a paying parent is provided primary custody of a child, they can petition the court to terminate their child support payments. There may also be additional reasons to close a child support case, such as those noted above.
Do Child Support Payments End Automatically?
Child support payment obligations do not end automatically. It is essential for an individual to reach out to a Virginia lawyer for more information on how to stop child support based on their specific situation.
How to Get Child Support Arrears Dismissed
Child support arrears are child support amounts that are owed by the parent who makes payments. The receiving parent may consult with governmental agencies or a lawyer to assist them when they are trying to collect their child support.
All states have their own departments or government agencies that are tasked with enforcing child support orders and helping receiving parents with collecting their past-due support amounts. A lawyer can assist the paying parent by submitting a motion to dismiss child support arrears and help with other issues related to their child support.
Do I Need a Lawyer for Help with Terminating Child Support?
If you have questions about your eligibility to terminate your child support obligations or if your child’s other parent is eligible to stop making payments, it is important to consult with a Virginia child support lawyer. If you are the paying parent, your lawyer will file a petition in the proper court to request a termination of your payment obligations.
The court will likely hold a hearing where the court will hear arguments from both sides and ensure the requirements are met for termination. If you are the paying parent, it is essential to continue to make any required payments until a court issues a new order that states you are not required to do so.
Your attorney will represent you during the hearing and present arguments on your behalf. In addition, your lawyer can help if you are having trouble making your child support payments or if you are a receiving parent who is having issues collecting your payments from your child’s other parent.
