Child Support

We are thrilled to announce that thanks to your incredible support and votes, we have won the Silver Place in Best Family Law Firm Southside Coastal Virginia Reader's Choice, published in July/August 2024 issue. This recognition means the world to us and serves as a testament to our commitment to excellence.

We extend our heartfelt gratitude to each and every one of you who took the time to vote and support us. Your loyalty and trust inspire us every day.

Here's to many more successes together!

Click here to view the full publication: Coastal Virginia Magazine

Child support arrangements can be contentious, having the potential to significantly affect the financial stability of all parties participating in the agreement. If you're involved in a child support order, you may be wondering what the penalties are for falling behind on support.

Well, wonder no more. In today's blog, we're giving you a comprehensive overview of what you can expect if you fall behind on child support in Virginia.

How Can Parents Get Child Support Enforcement in VA?

If a parent misses child support payments, they're considered "delinquent" on child support. The Virginia Division of Child Support Enforcement (DCSE), a division under the Virginia Department of Social Services, is responsible for enforcing child support delinquency penalties.

If a parent falls behind on child support, it's up to the other parent to take action and address the issue. To notify the DCSE that a parent has fallen behind on child support, the noncustodial parent (or whichever parent receives support) must file an application for child support enforcement services with their local DCSE office.

To file an application with the DCSE, the parent seeking child support enforcement must provide the following documents:

• The current child support order they wish to enforce;
• Any administrative support orders related to the support arrangement, the child's medical condition, or any other factors pertinent to the case. If the child relies on child support payments for medication or medical treatment, this process can help the DCSE prioritize the case and ensure the child receives the care they need.
• Birth certificates for any children involved in the order;
• Paternity documents supporting the parental status of both parties;
• Guardianship orders appointing the applicant as the child's legal guardian, if it's relevant to the case;
• Any protective orders involving in the co-parenting arrangement.

Once the DCSE receives the application, the department will review it and decide what steps officials need to take to address any child support delinquency. Since the DCSE uses an online portal for child support payments, it's fairly easy for DCSE officials to confirm that a parent fails to comply with their child support obligations and take action against the delinquent individual.

What Are Child Support Delinquency Penalties in VA?

The DCSE can take the following actions against delinquency child support payors:

• Withholding income from a variety of sources. The DCSE can withhold income from wages, Social Security and unemployment benefits, Worker's Compensation, and veteran disability compensation.
• Placing liens on a delinquent's property;
• Garnishing state and federal tax refunds;
• Suspending transportation licenses (driver's license, pilot's license, etc.), as long as the delinquent parent is behind by 90 days or more.
• Reporting the delinquent parent's actions to credit bureaus, hurting their credit score.
• Voiding the delinquent's passport until they make up for missed child support.

The DCSE does not have complete authority to enforce child support delinquency. For example, the DCSE does not have the ability to jail child support delinquents by default. To jail an individual, DCSE professionals must file a contempt of court actions case against the child support payor, which can result in a jail sentence depending on the case.

The DCSE also cannot withhold a payor's wages if doing so would jeopardize the payor's ability to look after their own basic needs. In those cases, the DCSE may work with the payor to try and modify the child support order so they can feasibly handle their child support obligation.

The COVID-19 pandemic introduced another wrinkle into child support arrangements: stimulus checks. Government entities can seize the $1,200 COVID-19 stimulus intended to stimulate the economy if the recipient is delinquent on child support.

I'm Behind on Child Support—What Should I Do?

If you're behind on child support, your first priority should be consulting the DCSE to let DCSE officials know you're aware of the delinquency.

DCSE officials handle child support delinquency on a case-by-case basis. While some child support payors may refuse to comply with a support arrangement because they believe it's unfair or just don't want to, many simply lack the means to pay for their support obligation due to circumstances outside of their control. For example, a payor might lose their job, making them incapable of paying for child support due to a loss of income.

If DCSE officials determine a parent cannot pay for child support due to a substantial change in circumstances (a medical emergency, losing their job, etc.), they'll often try to help them get back on track. If the loss in income is temporary, DCSE may help the delinquent parent set up a repayment program. If the delinquent parent's circumstances have changed for the foreseeable future, the DCSE may work with them to file a modification case with the court, helping the delinquent parent obtain a more equitable support arrangement.

Whatever the case, being honest and forthright with DCSE officials is your best recourse if you can't pay for child support. The more forthcoming and proactive you are when dealing with your delinquency, the more amicable DCSE officials are likely to be.

At the Law Offices of Daniel J. Miller, we help clients obtain equitable child support orders that allow their child to thrive.

To schedule a consultation with our team for your child support enforcement case, contact us online or via phone at (757) 267-4949">(757) 267-4949.

In divorces that involve children, child support is often a contentious issue. It's no wonder as to why—the outcome of a child support case can heavily impact the financial stability of both parents post-divorce.

To that end, understanding how Virginia courts calculate child support is vital for parents entering a divorce. Knowing what to expect from your child support case can help you prepare for life post-divorce and fight for the best outcome for you and your child.

Understanding Child Support in Virginia

The purpose of child support is simple. Courts want to try and ensure that, when two parents get a divorce, their children maintain the same quality of life post-divorce that they enjoyed while the parents were married. Child support arrangements help courts achieve that goal, ensuring that both parents have enough financial stability to provide for their children.

In Virginia, the noncustodial parent typically pays the custodial parent (who the child lives with a majority of the time) child support. Since custodial parents often shoulder most of the costs for caring for a child, they often pay no child support.

Child support in Virginia is based on gross monthly income. Gross monthly income covers a wide range of income sources, including:

• Paychecks or salary. This often makes up the bulk of an individual's gross income.
• Wages, commissions, and bonuses. Extra sources of income like commissions from side gigs or performance bonuses also count toward the gross monthly income.
• Severance pay, pensions, veterans benefits, worker's compensation, disability, unemployment insurance, and Social Security. All of the most common benefits also count toward gross monthly income.
• Miscellaneous income sources. Lottery winnings or other sources like investment account earnings can also apply to the gross monthly income.

Gross monthly income combines these income streams before taxes or other deductions.

During the child support process, the court evaluates all of a noncustodial parent's income sources to determine their gross monthly income. The court then uses a formula to establish how much child support the noncustodial parent owes using their gross monthly income and the number of children they're supporting.

You can find Virginia's child support guidelines here.

Scroll down a little and you'll find a graph that shows how much parents owe in child support based on their gross monthly income and how many children they have. For example, using the graph, we can see that a parent who brings in $3,050 per month in gross monthly income and has two children owes around $768 in child support.

Is a Child Support Arrangement Set in Stone?

In a word, no.

A huge variety of factors can play into child support arrangements, including:

• Whether the child receives support from other family members;
• What the parent's custody arrangement is like (if the parents essentially have a 50/50 custody split, for example, neither party is likely to pay much in child support);
• How other court-orders like spousal support impact the noncustodial parent's income;
• Each parent's financial situation (a custodial parent who is exceptionally well off or can easily pay for childcare expenses may not receive much in child support, for example);
• Whether the child has any financial resources of their own (such as a job if they're old enough, or a savings account subsidized by parents or relatives);
• The parent's behavior throughout the marriage;
• Whether the parents may experience income shifts in the near future (such as benefitting from the sale of the marital home, whether one parent will likely start earning more soon, etc.);
• Any other factors the court considers pertinent to the case.

As you can see, the court has a large amount of leeway when presiding over child support arrangements. A child support attorney can help you protect your parental rights and fight for a genuinely equitable child support arrangement.

To schedule a consultation with our team and start speaking with a child support attorney today, contact our office online or via phone at (757) 267-4949">(757) 267-4949.