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Virginia Child Support Payments

Whether parents are together or not, the law requires them to support their children financially. The parent with primary physical custody of the child typically doesn’t have to pay child support, but it may happen if they make significantly more than the non-custodial parent (NCP).

The amount of child support a non-custodial parent must pay depends on several factors. For example, if the NCP’s gross income is $100,000 per year, they’ll pay more support than someone earning $35,000. The same is true for someone with three or four children compared to someone with one child.

This article explains how child support works in Virginia and what to do if you’re having trouble meeting your child support obligations. It also shows the penalties for not honoring your child support obligations.

How the Courts Calculate Child Support Under Virginia Law

Virginia follows the income shares model for determining child support. Under this model, children deserve to receive the same financial support from their parents that they received when their parents were together.

When determining child support payments, the courts consider both parents’ incomes. They also consider other factors, such as which parent pays the children’s health insurance and childcare expenses. The courts also look to see how many overnights each parent has with their children.

They enter this information and other essential data into the child support guidelines. Once the court clerk enters the pertinent information into the child support worksheet, the child support guidelines will indicate how much the non-custodial parent pays each month.

The judge takes whatever amount the guidelines suggest and issues a child support order. If the NCP fails to make their payments on time, the other parent can seek enforcement of the court order.

Making Child Support Payments in Virginia

In Virginia, a parent can make child support payments through the Division of Child Support Enforcement (DCSE) or directly to the custodial parent. Online child support services are available at the Virginia Department of Social Services or directly through the Mychildsupport Portal.

Once you visit the DCSE’s customer service center, you’ll enter your child support case number and other relevant information to view your child support order details. You can pay online through the DCSE’s secure website or visit one of the DCSE TouchPay Kiosks.

If you make your payments on time each month, you shouldn’t encounter any issues. There are severe consequences for not paying your child support on time. Willfully failing to pay child support can result in misdemeanor charges that can lead to fines of up to $500 and up to one year in jail.

Virginia Child Support Payments: The Basics

The following table provides an overview of Virginia’s laws affecting child support payments and links to the applicable statutes.

Virginia Child Support Payment Statute(s)

Virginia Code, Title 20, Chapter 4

Virginia Code, Title 20, Chapter 5

Virginia Code, Title 20, Chapter 6

Virginia Child Support Payment Payment Options

You can pay the payee directly if they indicate that they don’t want the payments to go through DCSE. If you do pay through DCSE, you can do so using the following options:

  • MyChildSupport (DCSE’s payment system)
  • Online Banking
  • ExpertPay (private payment system)
  • Check or Money Order (Mailed directly to DCSE)

Virginia Child Support Payment Income Withholding

The court will order income deductions in the following circumstances:

  • The NCP/payor agrees to do so via a written agreement
  • Upon notice of arrearages in a case where the court orders so under Virginia law
  • The payer is in arrears for an amount equal to one month’s support obligation

The court may order income deductions in the following circumstances:

  • If the payor’s past financial responsibility, history of prior payments, or other relevant factors indicate that income deductions are the best way to ensure timely payment
  • At the payor’s request

Provisions for Those Experiencing Difficulty Making Payments

If an NCP experiences life changes that make it difficult to pay their support obligations, they can petition to modify the child support order.

Disclaimer: 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.

Virginia Child Support Payments: Related Resources

Have Questions About Child Support Payments in Virginia? Ask a Lawyer

It’s essential to keep up with your child support payments. Not only do you have a duty to ensure your child enjoys a good quality of life, but not paying your child support obligations can result in financial and criminal penalties.

If you’re a non-custodial parent and have questions about child custody or child support enforcement in Virginia, contact a family law attorney in Virginia. Your attorney can help you negotiate payment of your arrears with the Virginia Department of Social Services. They can also help you file a motion for a child support modification.

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