The law presumes that both parents of a child, regardless of whether they are or have been married, have an obligation to support their child. For this reason, Virginia awards child support according to statutory guidelines that must be paid monthly by the noncustodial parent (payor) to the custodial parent (payee).
Unfortunately, payor parents sometimes fail to make their required payments or fall behind for several months. In these cases, the payee parent must seek to enforce the child support order. This process may seem difficult and time-consuming, but in Virginia, there are various ways to collect unpaid child support.
Incorporation of Child Support Provisions
It is essential to note that enforcement measures are only applicable once you have a final court order awarding child support, or a final judgment of divorce that contains child support provisions. This is critical because many couples may have worked out parenting plans or divorce settlement agreements amongst themselves, but if one party breaches the agreement, you cannot immediately seek enforcement. You will first need to obtain a court judgment for breach of contract, along with a child support order that governs future payments.
This is why incorporating your agreement into a final court order is so important. By doing so, a breach of the agreement also constitutes a violation of a court order and can be enforced through the following methods.
Enforcement Methods
- Withholding Wages
Pursuant to Virginia Code Section 20-79.1, a court can order a delinquent payor’s employer to directly withhold a portion of the payor’s income. The amount withheld can include child support payments currently due as well as unpaid payments. The payor must be at least one month behind in payments, and a notice of arrears must be filed with the court to obtain a withholding order. - Liens
The Department of Child Support Enforcement (DCSE) has the authority to pursue liens on behalf of payees entitled to unpaid child support. By filing a lien action in court, the DCSE can ensure that any money received by a delinquent parent from a court judgment is garnished to satisfy the child support obligation. Additionally, the DCSE can obtain a lien on the payor’s bank account to garnish any funds in the account. - Qualified Domestic Relations Order (QDRO)
While retirement accounts are not commonly used to satisfy child support obligations, they can be a valuable asset. By obtaining a QDRO, a payee can access funds from a delinquent payor’s retirement account. A QDRO is a court order requiring the employer to pay a portion of the delinquent payor’s retirement account to the payee entitled to unpaid child support. - Interception of Tax Returns
Both state and federal laws permit the DCSE to seize any tax return owed to a delinquent payor and apply those funds to unpaid child support. However, if the payor filed a joint tax return with a new spouse, there will be a six-month delay to allow the joint filer to claim their portion of the tax return. - Suspension of Licenses
Virginia law allows courts to suspend a delinquent payor’s driver’s, professional, or recreational licenses. If the payor owes $5,000 or more in unpaid child support or has been delinquent for 90 days or more, the payee can file a petition with the court requesting suspension of the payor’s licenses. The payor has 30 days to pay the amount owed or enter a repayment agreement. If the payor fails to do so, the court can suspend their licenses until a substantial payment is made.
Legal Support for Child Support Enforcement
If you have a child support enforcement issue in Virginia, it’s crucial to seek assistance from a knowledgeable family law attorney. The experienced attorneys at the DiPietro Family Law Group have decades of experience handling all types of family law matters and are here to help.
Contact us to schedule a consultation today.