Virginia Child Support Enforcement

A child support order is like any other court order. If you fail to comply with it, there are legal consequences. If a court order indicates that the non-custodial parent (NCP) must pay a specific amount of support each month, they have no choice but to comply. The non-custodial parent is the parent who does not have primary child custody. If they fail to make child support payments, the other parent can seek help to enforce the order.

This article explains the child support laws in the Commonwealth of Virginia and discusses the ramifications of not paying child support. It also supplies the options available to people looking to enforce their child support order. If you still have questions about your child support case, contact a local child support attorney.

Contact DCSE

The Virginia Division of Child Support Enforcement (DCSE) oversees cases involving delinquent child support. If your child’s other parent is behind on child support or refuses to comply with the child support order, you should contact DCSE.

The DCSE will take action against parents delinquent on their child support obligation. The goal is not to punish the NCP. Child support enforcement aims to ensure that children have the necessary care they need.

Will I Have to Go to Court?

Ideally, once the Division of Child Support Enforcement contacts the NCP, they’ll catch up on their late payments. If this doesn’t happen, you may have to go to court. The DCSE only refers cases for court action when its administrative methods are unsuccessful.

In general, the DCSE refers cases to the family courts when the NCP is at least 90 days late and has arrears over $500.

Criminal and Civil Consequences of Non-Compliance

If a non-custodial parent doesn't pay child support on time, the judge can hold them in contempt of court. Depending on the situation, the judge may impose fines and even jail time.

In addition to possible criminal and financial penalties, the court may suspend the non-paying parent’s driver's license or any professional license they hold. This usually only applies to those more than 90 days late with their support payments. Non-payment of child support can also negatively impact your credit report.

Failure to pay child support for several months can trigger the following consequences:

  • Wage garnishment
  • Lien on real property
  • Withholding government benefits (social security, disability, unemployment benefits, etc.)
  • Seizure of tax refund
  • Levy on bank account
  • Employer notification
  • Inability to renew passport

If you’re the NCP violating the child support order, you can avoid these punitive measures by contacting the DCSE and arranging for repayment.

Criminal Prosecution

If the court decides the non-custodial parent in arrears could pay some or all of the amount owed, it will hold them in contempt. Penalties for contempt may include any of the enforcement methods listed above, plus fines, jail time, and other penalties.

The court can also charge the NCP with a misdemeanor or a felony.

How To Arrange Payment for Child Support Arrears

If you owe back child support or need to manage your child support payments, contact the Virginia Department of Social Services' Mychildsupport portal. This site provides you with the mailing address to send your payments. It also allows you to do the following:

  • Apply for child support services
  • Review your case information statement
  • Schedule payments to come directly from your bank account
  • Manage your payments
  • Submit and request case documents
  • Update your contact information

You can also request help from the VDSS site.

When you visit the DCSE child support portal, you’ll see a directory for “TouchPay” locations. The site even offers TTY assistance for people who are hard of hearing.

Modifying an Order

If the NCP cannot afford their payments, they can apply to the court for a child support modification. This requires going back to court and explaining why you can’t make your payments to the judge.

A judge can change the amount you owe under a support order, but they can't reduce the amount in arrears. The NCP must pay this amount to avoid further consequences.

Courts typically review support orders every 36 months. Either parent can file a motion with the court asking for a support change before then. Doing so will require that you demonstrate there has been a substantial change in your circumstances.

Temporary setbacks do not qualify as a substantial change. The courts will only amend your court order if the change is permanent. For example, if the company providing your childcare doubles its fees, you can find a different provider. The court will not necessarily change child support based on this reason. However, if you lose your job and are unable to find a new position for several months, the judge will likely approve your request.

Virginia’s Child Support Enforcement Laws at a Glance

The following table highlights the main provisions of Virginia's child support enforcement laws. For more detailed looks at specific topics, FindLaw's articles on Child Support Enforcement FAQ, How Do I Locate a Parent for Child Support, and Enforcement and Collection of Back Child Support can help.

Virginia Child Support Code Section

Virginia Code §20-108.1

Who is Responsible for Virginia Child Support?

Both Parents

Virginia Child Support Agencies

Department of Child Support Enforcement Services (DCSE)

Interest on Missed Child Support Payments in Virginia

The state charges interest at a rate of 6% on child support payments that are 30 days past due and other arrears.

Note: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a child support attorney or conduct legal research to verify your state laws.

Get Legal Help With Child Support Enforcement in Virginia

Although the law discourages parents from ignoring their child support obligations, it can be difficult to get actual relief. If you need help enforcing a child support order in Virginia, it's best to speak with an experienced child support lawyer.

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