Child support payments do not automatically stop or pause following the paying parent’s job loss. Your original court order will remain active, and automatic deductions can continue through your unemployment benefits. The State of Virginia will, however, modify existing child support orders in response to a significant change in circumstances, and job loss often qualifies as such.
If you’ve lost your job, there is no time to waste in relation to your child support obligation. There are several important steps you’re encouraged to take right away, and one of the most important is retaining the professional legal counsel of a trusted child support lawyer. Others include all the following:
If you were laid off or fired and it was outside of your control, the court is far more likely to consider it a material change in circumstances that supports a modification. If you quit your job or are intentionally working fewer hours, it will not work in your favor. Ultimately, the court bases child support payments on what the paying parent could be earning rather than on what they’re actually earning.
If you wait to file for a modification that lets the court know you’ve lost your job, you won’t receive retroactive relief that reaches back to the day you were let go. Instead, any unpaid payments will pile up and accrue interest over time. This past due amount will remain on your record until it’s paid in full, and not even bankruptcy can erase it.
Our well-respected Virginia child support attorneys at Bristle Schulze have extensive experience helping our valued clients achieve favorable outcomes, and we’re here for you, too. Your situation is too serious to ignore or leave to chance, so please don’t put off reaching out for more information by contacting us online or giving our firm a call at 703-454-0701 today.
]]>There is no requirement regarding itemized accounting for child support in Virginia. This means that your ex doesn’t need to keep receipts or create a budget in relation to the child support payments you make. The state does not impose strict rules like this because it presumes that the funds are used for general expenses, such as providing children with a home, food, and clothing.
If you have reason to believe that your children’s needs aren’t being effectively addressed when they are with their other parent, it is another story. Typically, however, this isn’t the case, which means you’ll need to find a way to accept how your children’s other parent chooses to use the child support you pay.
If there has been a proven change in relevant circumstances that is considered material since your current orders were handed down, it could support a child support modification. If it’s been at least three years since your current order was entered or since its last modification, you’re also entitled to a review.
The kinds of factors that are most likely to support a child support modification in Virginia include the following:
When it comes to child support concerns, there are challenging legal intricacies involved. This makes it in your best interest to have a diligent child support lawyer in your corner from the start.
Our focused Virginia child support attorneys at Bristle Schulze draw on the full scope of our extensive experience and legal skill for every client we faithfully represent, and we’ll do the same for you. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.
]]>While some states calculate child support based on the paying parent’s income, Virginia takes a different approach. The state uses what’s called the income shares model, and both parents’ incomes play a role.
The base child support calculation in Virginia is determined by adding both parents’ incomes. From here, the base child support amount is determined as a function of total income and the number of children covered in the case. At this point, each parent’s percentage of the base amount is calculated.
If one parent has the children for most of their overnights, they serve in the primary custodial role. And their child support is presumed to be covered by the cost of providing the children with their primary home. The other parent is therefore obligated to make child support payments at the base amount.
Even when child custody is split right down the middle, the higher earner generally retains the payment obligation. Their base amount, however, will be reduced by the other parent’s base amount.
It’s important to point out that all the following expenses, and which parent covers each, also factor into child support calculations in Virginia:
Informal arrangements or handshake deals between parents regarding child support are not legally binding in Virginia, and they could get you into trouble. The child support order handed down by the court remains in effect until the children age out or until the court officially modifies it.
You can present the court with an agreement that you and your ex have mutually agreed on. The burden of proving that it supports your children’s best interests, however, remains with you.
Our persuasive Virginia child support attorneys at Bristle Schulze will leave no stone unturned in support of your rights. For more information about our commitment to you and your case, please don’t wait to reach out by contacting us online or giving our firm a call at 703-454-0701 today.
]]>Child support in Virginia is calculated using the income shares model. This means it is calculated relative to the parents’ combined earnings. Child support is then determined in direct proportion to the relative size of each parent’s income. The basics include the following:
If one parent covers direct expenses, such as health insurance or work-related daycare, these amounts are also factored into the calculation process.
Further, when one parent assumes the primary custodial role, which involves having the children most of the time, their child support contribution is presumed covered. This means that the parent with the visitation schedule is responsible for paying their proportionate amount of child support.
When parents share their time with the children more evenly, however, the court takes a different stance. Having skilled legal guidance backing you up can make a big difference in the outcome of your case.
If you and your ex share 50/50 custody of your children, it does not mean that neither of you will be required to pay child support. Instead, the parent who earns more is very likely to have a child support obligation. The child support owed, however, will reflect the difference between the two proportionate child support amounts. This means that the amount assigned to the parent who doesn’t have a child support obligation will be subtracted from the amount the paying parent would have owed if they had a visitation schedule.
Our formidable Virginia child support attorneys at Bristle Schulze will spare no effort in our quest to resolve your case favorably. The outcome of your child support case is important to both you and your children, and we appreciate the opportunity to help. For more information about everything we can do for you, please don’t hesitate to reach out by contacting us online or giving our firm a call at 703-454-0701 today.
]]>Neither child custody nor child support can be determined in advance.
Children’s best interests always prevail in Virginia child custody cases, and their best interests can only be identified in real time. In other words, child custody terms are determined when it matters, which is in the event you and your spouse divorce. The court will not be bound by an agreement that you and your children’s other parent made at some point in the past.
Children have the right to support, and as such, the court doesn’t treat the matter as something their parents can trade away. This means that the child support obligation cannot be waived or reduced. Instead, child support is calculated according to careful state guidelines that are based on the children’s needs and on each parent’s income.
Some states allow parents to include the matter of child support in prenuptial agreements as long as the amount exceeds the state’s requirements. Virginia, however, is not among these states.
If your prenup includes terms related to child custody or child support, they will be treated as unenforceable. As long as the contract is otherwise legally valid, however, the rest of your terms will likely be upheld.
The requirements for creating a valid prenup in Virginia are set forth by the state’s Premarital Agreement Act, and they include all the following:
Consulting with a seasoned prenup lawyer is always advised.
Our accomplished Virginia prenup attorneys at Bristle Schulze dedicate our impressive practice to championing the rights of our valued clients throughout the prenup process, and we’re here for you, too. Learn more about everything we can do to help by contacting us online or giving our firm a call at 703-454-0701 today.
]]>There is a difference between legal requirements and best practices, and it’s considered a best practice for each spouse to have their own professional legal counsel in relation to a prenup. If you fail to take this precaution, your agreement will be far more vulnerable to successful challenges in the event of divorce. The whole point of having a prenup is to protect your financial rights, and if the court ultimately throws out your agreement, you’ll be back to square one.
Virginia’s Premarital Agreement Act governs prenups in the state, and the related requirements include the following:
If, for example, your soon-to-be spouse doesn’t have a prenup lawyer representing them during the prenup process, they’ll have a stronger basis for later claiming they were misled in some way. For example, they may say they felt pressured to sign the agreement or didn’t have a clear understanding of what they were signing.
When each of you works closely with your own knowledgeable prenuptial agreement attorney, there is far less risk that your prenup won’t hold up in court. In other words, hiring a prenup attorney isn’t required by law, but it is the surest way to protect your best interests.
Too many couples are under the impression that they can save on legal fees by simply sharing a prenup attorney. This is not, however, how it works. It is a conflict of interest for one prenuptial agreement lawyer to represent both of you, and it wouldn’t do either of you any favors.
Our resourceful Virginia prenup attorneys at Bristle Schulze are committed to fiercely advocating for your rights in creating a prenuptial agreement that serves you well. We are on your side and here to help, so please don’t wait to reach out for more information by contacting us online or giving our firm a call at 703-454-0701 today.
]]>All divorce cases are handled by the Prince William County Circuit Court. Because Virginia is an equitable distribution state, the court uses factors like the following to determine how debt should be distributed between spouses:
Without a solid prenup that addresses debt protection, you could potentially be held financially responsible for a significant part of your soon-to-be ex’s lavish spending habits or overall debts.
In order for your prenuptial agreement to be enforceable, both you and your spouse must have entered the contract voluntarily, which excludes any coercion or duress. Further, the terms included cannot be what’s called unconscionable, which means seriously skewed in one spouse’s favor. In addition, each of you must have been transparent regarding the required financial disclosure, including in relation to debts. Finally, the contract must be in writing and signed by both of you, and while notarization is not required, it’s well-advised.
In your prenup, you can include a debt protection clause that helps shield you from your soon-to-be spouse’s separate debt, including business obligations. By directly classifying these debts as separate, you seriously diminish the risk that the line that distinguishes them from marital debt will be weakened.
Debt that is incurred during your marriage is presumed to be marital. In your debt protection clause, however, you can establish parameters that distance you from any financially risky practices your spouse may engage in. These include iffy business ventures and excessive spending.
In your prenup, you can also outline limitations for joint debt. For example, your debt protection clause can include language that divides joint debt in accordance with who incurred it or as a matter of predetermined percentages.
Our accomplished Manassas debt division attorneys at Bristle Schulze have reserves of experience helping clients like you create prenups that effectively address debt division and that bolster peace of mind in the process. To learn more about everything we can do to help you, please don’t hesitate to contact us online or give our firm a call at 703-454-0701 today.
]]>In order to obtain an uncontested divorce, which means keeping your case out of court, you and your spouse must reach an agreement regarding each of the terms that apply. These include the fair division of marital property, child custody arrangements, child support, and spousal support, or alimony. While finding middle ground may strike you as virtually impossible right now, you shouldn’t underestimate how motivating the benefits of an uncontested divorce can be.
The benefits of an uncontested divorce include all the following:
Ultimately, most divorcing couples prefer not to have the court make key decisions for them. And this helps to explain why the vast majority of Manassas divorces are uncontested.
Most divorces in Manassas, which are heard in the Prince William County Circuit Court, are no-fault, meaning they are based on the couple living separate and apart. While all uncontested divorces are no-fault, fault-based divorces, such as those involving adultery or cruelty, almost always require court involvement, making them contested in practice. That said, even in a fault-based case, parties can sometimes reach agreement on the underlying divorce terms; however, the fault ground itself still requires the court to make a finding. Most contested divorces in Virginia are actually no-fault cases in which the parties simply could not agree on one or more terms.
A contested divorce refers to a case in which the couple can’t reach a mutually agreeable resolution regarding at least one applicable divorce term. When this is the case, the court is called upon to resolve the matter. While there are advantages to uncontested divorce, each case is unique and must be considered in relation to the specific circumstances that apply. For example, if domestic violence is a concern, proceeding to court is generally advised.
Our resourceful Manassas divorce attorneys at Bristle Schulze dedicate our imposing practice to resolving challenging cases like yours as effectively and efficiently as possible – without ever losing sight of our clients’ rights. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.
]]>Any debt that you, your spouse, or you and your spouse took on during your marriage comes with the legal presumption that it is marital debt. It doesn’t matter if only one spouse’s name is attached or if one spouse wasn’t aware of the debt in the first place.
The Prince William County Circuit Court, which handles all divorce cases in Manassas, has discretion to classify all or part of a debt as separate. This generally happens in response to the other spouse proving that the debt was incurred for purposes outside the scope of the marriage. Prime examples include financing an extramarital affair or racking up gambling debt.
Separate debt remains the financial responsibility of the spouse who incurred it. This includes debt assumed prior to marriage and while living separate and apart prior to divorce, unless a connection to family expenses can be proven.
If a couple consolidates a separate debt into a marital account or consistently uses marital funds to pay down a separate debt, some part of the separate debt may be classified as marital. This means that the assigned percentage of the separate debt would be subject to division in divorce.
The kinds of factors that help courts determine how to divide marital debt equitably – which may or may not mean equally – include the following:
Finally, Virginia courts also consider the purpose of the specific debt and who benefited from it.
Our knowledgeable Manassas divorce attorneys at Bristle Schulze are well prepared to skillfully advocate for your financial rights – in pursuit of an optimal case outcome. Learn more about everything we can do to help you by contacting us online or giving our firm a call at 703-454-0701 today.
]]>The motivation behind UIFSA is to promote consistent financial support for children, which is in their best interest. Both parents are responsible for supporting their minor children financially, and moving across state lines does not alter this responsibility. The aim of UIFSA is to help ensure that states honor one another’s valid child support orders, which helps minimize legal battles and bolsters stability for the involved children.
When the parent who pays child support moves out of Virginia, their child support obligation goes with them. This generally means that the Virginia child support order will prevail and that the current terms will remain in effect, as a result of UIFSA.
As long as the children or either parent continues to live in Virginia, the state has continuing exclusive jurisdiction over modifications and other legal concerns. This means that your case will be addressed by the Virginia Juvenile and Domestic Relations District Court that originally handled it.
It’s important to note that, if neither of you is living in Virginia, your current child support order will remain in effect, and the state can also enforce past-due payments. Any modification of your child support order, however, must be addressed by the state in which the parent who is not seeking the modification lives.
If you or your ex moves to Virginia with a valid child support order from another state in place, the issuing state is very likely to maintain jurisdiction over the order. You can count on UIFSA to accomplish both the following:
With more predictable enforcement, children experience more consistent financial support, which is good for families.
Our capable Virginia child support attorneys at Bristle Schulze recognize the important role that child support plays in children’s lives, and we harness the full force of our impressive experience in pursuit of favorable case outcomes for all our valued clients. We’re here for you, too, so please don’t wait to learn more by reaching out and contacting us online or giving our firm a call at 703-454-0701 today.
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