Easily Enforce Child Support Obligations in Virginia

Child Support Payments Easily Enforce Child Support Obligations in Virginia

Easily Enforce Child Support Obligations in Virginia

According to federal law, failing to pay child support can land you in hot waters in any state. It's classified as a federal crime if you are legally obligated to pay child support payments through a divorce agreement or another federal, legally-binding agreement. The penalties for not paying child support according to the rules set forth by the passing of law called 18 U.S.C. 228, can be rather severe if payments are left unpaid for a long enough period of time and in great enough amounts.

If payment is more than 1 year late and/or if you owe more than $5,000 in back child support, then you have committed a federal misdemeanor. You may face up to 6 months in prison for such an offense.

If the payment that is due is more than 2 years late and/or if you owe more than $10,000 in back child support, then you have committed a federal felony. You might end up with up to 2 years in prison as a result.

How Are Child Support Payments Enforced in Virginia?

If you owe child support in Virginia, then there are quite a few things that the state can do in order to get the child support money you owe off of you. These things include some of the following:

  • having your employer withhold support from your wages
  • issuing liens and orders to withhold money from bank accounts and other financial institution accounts
  • Seizing and selling your belongings
  • intercepting state and federal funds and payments that are owed to you
  • reporting your past-due child support to consumer reporting agencies
  • requesting the Secretary of State to deny, revoice, restrict, or limit your passport
  • having the Virginia Employment Commission withhold support from your unemployment benefit

If you owe more than $5,000 in back child support or are behind for more than 90 days on your payments, then further actions can take place. If you fail to respond to a subpoena, summons, or warrant issued by the Division, the state of Virginia may take the following actions:

  • Ask the Department of Motor Vehicles (DMV) to suspend or refuse to renew your driver's license
  • Ask the court to require you to turn in any certificate, registration, or other business, trade, profession, occupational, or recreational license (including hunting or fishing) issued to you.

These different incentives can take place to get people to pay their child support on time and in full monthly. These funds are necessary to help your child live a full, healthy, happy, and active life. These are the funds that help your child grow and flourish. You are responsible for your child support and need to pay for it on time and in full each month.

What Factors Are Taken Into Consideration When Calculating What I Must Pay?

There are a lot of factors that will impact how much you have to pay for child support when you live in Virginia. Some of the following will impact how much you owe monthly on child support:

  • the gross income of each parent (all sources of income must be considered and accounted for)
  • the percentage of time the child is with each parent (living in their home and their custody)
  • any tax deductions that parents can make
  • mandatory deductions that come off of a parent's payroll tax (i.e. retirement contributions, healthcare, etc.)
  • daycare expenses for children
  • health insurance costs per child

All of these things are put together and a number is determined by what the parent needs to pay for their monthly child support payment. The payments will vary based on how many children you have and the means of each parent to pay for the living expenses of the child or children.

How Do Child Support Cases Work in Virginia?

If you are part of a child support case, then you will be issued a summons to come to court to attend your case. There will be a determined amount of money that you are required to pay each month to help support your child. The parent without primary custody will usually pay the other parent money to help pay for the expenses of raising a child, such as a shelter, food, clothing, etc.

You are required to pay these funds until the child is 18 years old. Sometimes, children are entitled to funding from both parents past the age of 18 in certain situations, such as if they are still full-time high school students, non-self-supporting, or living in the home of the party that is seeking child support from the other parent. Sometimes, severely disabled children who cannot support themselves are entitled to payments into adulthood in the state of Virginia.

The court case that you attend will determine how much the other party owes the parent providing primary care and custody for the child. It will also determine how long you must pay child support, and at what age the child will be done receiving support from both parents. If you choose not to attend a court hearing for your child support case, the state will take further actions such as those listed above against you to ensure that child support is adequately paid on time each month.

The following table highlights the main provisions of Virginia child support laws.

Code Section§20-108.2 et. seq.
Who is Responsible?Both Parents
How Support is Calculated?Virginia Child Support Guidelines
FactorsThe support amount is based on the income of both parents and the average amount that intact families spend on their children.
What is Included in a Support Order?Monetary support (Food, clothing, & shelter), health insurance, basic education expenses. Also might include child care expenses, extraordinary medical expenses, visitation travel costs, and extracurricular activities.
How Long Must a Parent Pay Child Support?Until the child reaches the age of 19, or until the child graduates high school.
Local Child Support OfficesVirginia Social Services offices
Child Support FormsForms
Can a Support Order be Changed?Yes. Either party can ask to modify the order if circumstances have changed. The term "changed circumstances” means a permanent, substantial (major), and unanticipated life change.
What if a Non-Custodial Parent is Sent to Jail?DCSE has no way to collect support from an incarcerated non-custodial parent, unless the non-custodial parent is participating in a work-release program or has other attachable assets, The support continues to be owed and interest may accrue on the unpaid support.

Demand Child Support Payments With the Help of DoNotPay

There are quite a few steps that you can take to demand the child support that you are owed.

If you want to file a demand letter for late child support payments but don't know where to start, DoNotPay has you covered in 3 easy steps:

  1. Search for child support on DoNotPay and enter the details of the person who owes the payments.
  2. Tell us more about the payment schedule, including the amount and frequency of the payments, the last payment they made, the number of missed payments, and how much they owe you in total.
  3. Confirm your contact information and select whether you want us to mail or email the letter on your behalf. Choose how you would like to receive the payment and verify your signature.

Once you complete these steps, you will get a letter from DoNotPay on your behalf demanding payment from your ex-partner. If you don't get a payment or response within 2 weeks of sending this letter, you can elevate this to court to get the payment you deserve for child support.

If You Owe Child Support

On the flip side, if you are the one that owes back child support, DoNotPay can help you as well. As long as you can prove that you have had financial hardships or tried to at least make an effort to make baseline payments in the last several years, you will qualify for our program to help you reduce the payments and the interest/fees that you owe on your child support payments that may date back several months or even years.

No Matter Which Parenting Side You Are On

Completing these projects on your own can be both frustrating and time-consuming. Sometimes, you will find these situations to accomplish little to nothing in getting your ex-partner to pay the child support they owe. If you owe child support, you may find this situation thankless and sometimes exhausting as you try to figure out how to pay child support back without leaving the interest and fees.

DoNotPay Can Help Reduce the Amount You Owe in Back Child Pay

DoNotPay can help you if you owe back children's pay that you have been unable to pay. As long as you have tried to make regular payments and/or can claim financial hardship, DoNotPay can assist you in reducing the amount of child support payments that you owe. To get started on seeing if you can qualify for the reduced child payments, simply follow the 3 easy steps to get started:

  1. Search child support on DoNotPay and enter the details of the person who owes the payments.

     

  2. Tell us more about the payment schedule, including the amount and frequency of the payments, the last payment they made, the number of missed payments, and how much they owe you in total.

     

  3. Confirm your contact information and select whether you want us to mail or email the letter on your behalf. Choose how you would like to receive the payment and verify your signature.

     

Once you have completed these three simple steps, you will be able to begin the process of seeing if you qualify for the lowered and reduced payments through the DoNotPay app.

What Else Can DoNotPay Do?

We are glad that you asked! DoNotPay is here to help you save both time and money in your daily life. We want to make it easier for you to be able to get money back on services that you no longer want, use, or need. We take the hassle of out getting refunds on a variety of daily expenses, such as some of the following:

Saving this money is much easier when you allow DoNotPay to do all of the hard work. You get to enjoy the extra money in your pocket and have it to spend on something that you need to pay for now.

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