Fredericksburg Modification & Enforcement Attorneys
Serving Clients Throughout Northern Virginia
At Butler Moss O'Neal, PLC, we understand the constantly changing dynamics of family life. As such, we recognize that there may be times when existing court orders related to family law matters, such as custody, visitation, or support, may require modification or enforcement.
Whether you wish to enforce a parent’s child support obligation or modify your custodial arrangement because of a change in circumstances, our modification and enforcement attorneys can offer you personalized counsel. We bring a wealth of knowledge and experience to each case, backed by a commitment to deliver personalized, compassionate, and effective legal solutions. We also have a proven track record of assisting our clients navigate through these challenging processes with dignity and respect.
Reach out to our team online or via phone at (540) 306-5780.
Common Violations of Custody/Visitation Orders
Here are some of the most common ways parents or guardians violate child custody or visitation orders in Virginia:
- Refusing to conduct custody exchanges (in general or as a means to try to force payments of child support arrears)
- Concealing the child’s whereabouts during visitation times
- Taking the child on unapproved trips and/or across state lines
- Allowing unauthorized parties around the child during custody or visitation time
Enforcing Child Custody & Support Orders
When a parent violates a custody or visitation order in Virginia, the court takes it seriously. The aggrieved parent can file a motion for contempt, and if the court finds the offending parent in violation, it can impose various penalties, including fines, modification of the custody or visitation order, or even jail time in severe cases.
If you file a motion of contempt, you will need to have proof to present to court to substantiate your claim. Be sure to collect and keep any evidence of order violations. Evidence can include:
- Messages exchanged between both parties
- Audio recordings
- Protective orders
Can Virginia Police Enforce a Child Custody Order?
Yes, law enforcement officers can intervene and enforce custody orders in Virginia. However, they primarily get involved with cases that involve abuse, kidnapping, violence, or other criminal violations as well.
Please note that you should not call the police every time your co-parent is late for a drop-off or violates your existing orders. You should only contact the authorities if you believe your child is in danger.
Call (540) 306-5780 to Request a Consultation
The impressive track record of Butler Moss O'Neal, PLC is underpinned by the vast experience, education, and credentials of our team of attorneys. We are proud to be equipped with the tools and knowledge necessary to navigate the complexities of the legal system confidently.
If you need help modifying or enforcing your family court orders, our Fredericksburg attorneys are here and equipped to help. When you retain our services, you can trust our team to work to keep you informed at every stage, providing practical and functional legal solutions tailored to your unique situations.
Contact our team to discuss your case with our attorneys.
They made going through a divorce as pleasant as can be... they kept me laughing when I felt like crying.
- L.F.
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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.
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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.
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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.
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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.
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