Spotsylvania County Family Law Attorney
When you're in need of a family law attorney in Spotsylvania County, you need someone you can count on. The team of experienced attorneys at Butler Moss O'Neal, PLC is dedicated to providing comprehensive legal services to individuals and families in the Stafford area. We understand that family law can be a sensitive and complex matter, and we are here to help you navigate the legal process.
At Butler Moss O'Neal, PLC, we provide a variety of family law services, including:
Divorce: We understand that divorce can be a difficult process. Our attorneys can provide assistance with all aspects of the divorce process, including filing the necessary paperwork, negotiating settlements, and representing you in court.
Child Custody and Support: We can help you establish a parenting plan that is in the best interests of your children. We can also assist with child support issues, including calculating support payments and enforcing support orders.
At Butler Moss O'Neal, PLC, we understand that family law matters can be emotional and difficult. We are here to provide you with the legal advice and support you need.
They made going through a divorce as pleasant as can be... they kept me laughing when I felt like crying.- L.F.
Can child support in Virginia be ordered to continue past the age of 18?
Yes. Section 20-124.2(C) of the Virginia Code provides that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs.
The court may also order the continuation of support for any child over the age of 18 who is (i) severely and permanently mentally or physically disabled, (ii) unable to live independently and support himself, and (iii) resides in the home of the parent seeking or receiving child support. In addition, the court may confirm a stipulation or agreement of the parties which extends a support obligation beyond when it would otherwise terminate as provided by law.
Can a Virginia court order that a parent pay college expenses for a child?Yes and no. Virginia law does not allow the court, on its own, to order that child support include the payment of college expenses. However, if the parents enter into a written agreement providing that one or both of the parents have to pay for college, the court can enforce the parents’ agreement.
How is child support calculated under Virginia law?Child support is determined according to a presumptive guideline that is set forth in Section 20-108.2 of the Code of Virginia. The guideline requires one to know the number of children, the gross monthly income of each parent, the cost of work related day care for the children, and the cost of providing medical insurance. A number of other considerations come into play, for example, the presence of other children who are not the subject of the current child support proceeding, the number of custodial days each parent has with the child per calendar year, and whether either parent has claimed the child tax credit, may all affect the guideline calculation. The guidelines yield a “presumptive” figure for monthly child support, which means that the Court is required to apply that amount unless evidence proves that the Court should deviate from the guidelines. A list of the possible “deviating” factors is set forth in Section 20-108.1 of the Code.
Can a Virginia Court award a spouse military survivor coverage in a divorce?
Yes, Section 20-107.3(G)(2) authorizes the Circuit Court in a Virginia divorce to “order a party to designate a spouse or former spouse as irrevocable beneficiary during the lifetime of the beneficiary of all or a portion of any survivor benefit or annuity plan of whatsoever nature, but not to include a life insurance policy except to the extent permitted by Section 20-107.1:1.”
This includes the Survivor Benefit Plan, commonly referred to as SBP, which is available to spouse and former spouses of military service members.