Post-Divorce Issues in Custody and Support
As time goes by, the need to go to court to enforce or change the terms of the custody agreement, child support order or alimony may arise. With 25 years of experience in family law in northern Virginia, attorney Raymond B. Benzinger can forcefully advocate for your position.
Mr. Benzinger represents clients in juvenile and circuit courts of Fairfax County, Arlington County and Prince William County. He has unique insights into these matters as a lawyer and as a volunteer Neutral Case Evaluator and a Motions Conciliator. Contact him for representation on either side of these issues:
Modification of Child Support
The court must understand the complex economic factors in the finances of each parent in order to make a fair decision. Those finances may change, such as when one parent loses a job, gets a promotion or raise, or remarries. This is referred to as a "material change of circumstances" which is required before a court will revise a support order.
Modification of Child Custody
One parent may seek sole custody over evidence of abuse, neglect or child endangerment. A teenager may want to live with the other parent. You may only need to adjust visitation schedules. The court's decision, as in initial determination, is based on the best interests of the child.
Modification of Spousal Support
Alimony is based on need and ability to pay. A recipient spouse may petition for an increase if the paying spouse now earns more or her/his needs have substantially changed. The paying spouse can move to terminate support if the ex-spouse is remarried or co-habitating, or has reached financial independence.
Parent Relocation
A parent wishing to move out-of-state (or even within Virginia) must give 30 days notice for the non-custodial parent to object. This hotly contested issue gets even more contentious if the parent already moved without approval — will the court order the children back? The move must be necessary. Moving to live with a fiancé would not qualify, but taking a better-paying job might.
Enforcement of Child Support
There are multiple avenues to compel unpaid support, including wage garnishment and contempt of court proceedings with penalties up to and including jail.
Enforcement of Visitation
Interference with court-ordered visitation is taken seriously by the court. A parent who refuses visitation can be held in contempt of court, as well as the parent who routinely picks up or drops off late, or schedules activities on the other parent's time. The court can award make-up visitation time, and after repeated violations may even award custody to the other parent.
Raymond Benzinger knows the law and how the judges in northern Virginia are likely to rule on your modification or enforcement matter. He advances your interests and keeps the other party honest while emphasizing solutions that avoid further disputes. Call 703-383-1336 to arrange a consultation.
