Today, many custodial parents entitled to child support (payees) face challenges in enforcing child support orders against delinquent non-custodial parents (payors). Fortunately, in Virginia, several options are available for collecting unpaid child support. Custodial parents can seek help from the Division of Child Support Enforcement (DCSE) or file an action in the court that issued the original support order. Below are some common methods for enforcing child support obligations.
1. Liens
The DCSE has the authority to pursue liens to collect unpaid child support. By filing a lien action, the DCSE can ensure that any money the delinquent parent receives from a court judgment is garnished to cover the child support debt. Additionally, the DCSE can place a lien on the payor’s bank account to garnish funds directly from the account.
2. Withholding Wages
Under Virginia Code Section 20-79.1, the court can order the payor’s employer to withhold a portion of the payor’s income. This withheld income can include both current child support payments and any overdue amounts. For a payee to obtain such an order, the payor must be at least one month behind in payments, and a notice of arrears must be filed with the court.
3. Interception of Tax Returns
Both state and federal laws permit the DCSE to intercept any tax refunds owed to a delinquent payor and apply those funds toward unpaid child support. However, if the payor filed a joint tax return with a spouse, there may be a six-month delay to allow the spouse to claim their portion of the refund.
4. Qualified Domestic Relations Order (QDRO)
Retirement accounts are rarely used to satisfy child support obligations, but they can be a valuable asset if the payor has no other funds. A QDRO allows the payee to access funds in the delinquent payor’s retirement account. This court order requires the employer to segregate part of the retirement account for payment to the custodial parent.
5. Suspension of Licenses
Virginia law allows courts to suspend a payor’s driver’s, professional, or recreational licenses if they owe $5,000 or more in unpaid child support or have been delinquent for 90 days or longer. The payee can file a petition with the court requesting this suspension. The payor has 30 days to pay the owed amount or enter into a repayment agreement. If they fail to comply, the court can suspend the licenses until a significant portion of the overdue support is paid.
If you’re dealing with a child support enforcement issue in Virginia, it’s essential to consult an experienced family lawyer. The family law attorneys at DiPietro Law Group, PLLC, are well-versed in handling child support matters across Northern Virginia and Washington, DC. Contact us today at (888) 530-4374.