Enforcing A Virginia Child Support Order: What Are Your Options?
Raising children is expensive for parents in Virginia. If you are divorced or separated and the other parent fails to pay, it can create serious financial hardship.
Parents are required to financially support their children and getting a Virginia child support order is the best way to make them pay. If they continue shirking their obligations, our Virginia child support explains your rights when it comes to enforcement efforts.
How Virginia Enforces Virginia Child Support Orders
Under the Virginia Code, parents are required to provide financially for their children. The Division of Child Support Enforcement (DCSE) and the family courts both have broad authority in recovering past due child support. Tools to enforce compliance and collect past-due support or arrears include:
- Wage garnishment: Child support may be automatically deducted from the other parent’s paycheck.
- Seizure of assets and property liens: The Virginia courts can seize money in bank accounts and other assets while putting liens on property, preventing the other parent from selling it until the debt gets paid.
- Tax refund intercepts: If the paying parent is behind, the state can seize their federal and state income tax refunds.
- Seizure of other assets: You may be entitled to a portion of the other parent’s lottery winnings, Social Security benefits, or other funds.
- License suspensions: The threat of losing their driver’s license, business license, or professional certifications is strong motivation for the other parent to satisfy the debt.
In addition to these measures, failure to pay child support can result in being held in contempt of court, a serious legal consequence that may include heavy fines and jail time.
When and How to Take Child Support Enforcement Actions In Virginia
If talking to the other parent and attempting to resolve child support payment issues on your own fails, you may need to take them to court. The Virginia Family Court can take the legal actions needed to enforce the order and compel payment. Here is what you need to do:
- Document missed payments: Keep a written record of when support is due and past due amounts. Keep copies of bank statements, receipts, and your support order.
- Get legal help: An experienced Virginia child support lawyer can guide you through enforcement options and represent you in court.
- Request a show cause hearing: This asks the court to require the other parent to explain why they have not complied with the order.
- Ask for payment enforcement remedies: These might include wage garnishment, property liens, or even jail time in extreme cases.
Request A Consultation With Our Virginia Child Support Lawyer Today
If your child’s other parent is not providing support, Schwartz Kalina, PLLC can guide you in getting a Virginia child support order. If they refuse to follow it, we can take the legal actions needed to make them pay.
To get what you and your child are entitled to, call our office or contact us online. Request a consultation today with our experienced Virginia family lawyer.
Sources:
dss.virginia.gov/family/dcse/
law.lis.virginia.gov/vacode/title20/chapter5/section20-79.1/
