Stafford County Family Law Attorney
Dealing with sensitive and private family matters can be a difficult time for your family. Whether it be a divorce, a custody dispute, or another family law matter, you don't need to go at it alone.
At Butler Moss O'Neal, PLC, our experienced family law attorneys understand the emotional and financial challenges that accompany family law issues. We are here to provide you with the knowledgeable and compassionate legal guidance you need to help you make the best decisions for your family.
Our experienced Stafford County family law attorneys will help you navigate the complexities of the divorce process. We will work with you to understand your goals and objectives and will provide you with the legal guidance you need to make informed decisions. We will help you understand the applicable laws and your rights and responsibilities, and we will work with you to develop a strategy to help you achieve your goals.
Child custody disputes can be emotionally and financially draining. Our experienced family law attorneys understand the nuances of Virginia’s child custody laws. We will provide you with the legal guidance you need for your child custody matter.
At Butler Moss O'Neal, PLC, our experienced family law attorneys understand the complexities of child support laws and can help ensure that your child support arrangement is fair.
Domestic violence is a serious issue that requires immediate attention. Our experienced family law attorneys know Virginia’s domestic violence laws and will provide you with the legal guidance you need to protect yourself and your family.
If you are facing a family law issue, the experienced family law attorneys at Butler Moss O'Neal, PLC are here to provide you with the legal guidance you need to make informed decisions about your case.
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.