Everyone – and I do mean everyone – always wants to ask whether they need an attorney for such-and-such kind of a case. And, while it’s true that you don’t ALWAYS need to hire an attorney, sometimes it can be hard to tell from the outside looking in, especially if your exposure to the case is super minimal.
Probably one of the easiest types of cases, in general, to handle on your own, though, is a child support case.
In Virginia, as in many other states, child support is established by formula. Though there aren’t any reliable online calculators available that I know of, it’s still a fairly uncomplicated and straightforward process. You take both parties’ combined incomes and the number of children they share in common to create an amount of ‘guideline child support,’ (this is codified in the statute and you can look it up) and then you share that expense proportionally based on how much parenting time each party has with the child(ren). Under a primary physical custody scenario, where the non custodial parent has 89 or fewer days over the course of a calendar year, the child support is at it’s highest level. Under a shared custody scenario, where the non custodial parent has 90 or more days over the course of a calendar year, the amount of support is offset by the number of days the non custodial parent has. He’ll pay less if he shares exact 50/50 custody – though child support could be and often still is awarded – than if he just tipped the threshold into shared custody territory at 90 days. If I were a cynical person, which of course I am not, I would point out that this likely has something to do with much of the child support and custody litigation we see.
That guideline child support number is also offset by other expenses of the parties – if one (or both) parties pay child support for children born from other relationships, the amount paid to maintain health insurance coverage for the child(ren) only, and how much is spent by the parties in work-related childcare. So, though the number you see in ‘guideline child support’ is a starting point, it doesn’t end there if there are other expenses for the child(ren) that offset it.
In this way, even though only one parent maintains, say, health insurance for the kids, both parties are paying towards obtaining and retaining that coverage. It’s automatically done in the child support calculation, and it doesn’t matter whether I run the guideline, the judge runs it, or your child’s father’s attorney runs it. As long as we have the same numbers, we’ll get the same result.
Easy peasy, right?
Well, in some ways, yes. If it’s a pure child support case, it’s easy. The trouble isn’t child support, though. The trouble is that child support cases often become bigger child custody cases.
What does a dad do who doesn’t want to pay the amount of child support that the guideline provides? He files for more parenting time.
So while I think it is reasonable to imagine handling a child support case without an attorney, if the facts are relatively straightforward (it can be much more complicated if, say, his income is questionable or difficult to prove, like if he’s self employed – or if there’s an issue like imputation of income), it isn’t always possible. It isn’t always JUST a child support case.
Remember that it is possible to consult with an attorney even if you ultimately decide not to hire one! This is a point that, I think, many women don’t realize. You do not have to retain an attorney to represent you to take your case to an attorney and ask them what they think. Or even, if you want, to go back to that attorney several times to ask questions throughout the process!
You can choose a middle road between hiring someone and not hiring someone by just consulting with an attorney – whether one time or a number of times as your case goes on. That’s something I think a lot of people don’t really realize.
Keep in mind, too, that anything that happens at the juvenile court – where child custody, visitation, and child support cases start that are not part of larger divorce actions – is automatically appealable to the circuit court. Once in the circuit court, though you are likely to have a Guardian ad litem follow the case, your case is heard de novo, which means it is treated as a brand new case.
For more information about child support cases or to learn about Custody Bootcamp for Moms (one of the best ways to prepare to represent yourself in a custody or child support case in Virginia), visit our website at hoflaw.com or give us a call at 757-425-5200.