They say it takes a village to raise a child. It also costs money to have and care for a child. Thus, when parents separate or divorce, these finances are often a concern and at issue. Child support is an important family law matter to resolve in Virginia and elsewhere. However, even when a child support order is established, issues could arise if a parent is delinquent on payments.
While it may feel overwhelming and frustrating, there are enforcement actions available in these matters. Thus, it is important to understand your rights and options when it comes to child support and ensuring these payments are made in accordance with the order in place.
Child support enforcement
If a parent fails to meet their financial responsibility to their child, they could face a child support enforcement action. In Virginia, state and federal laws allow for the Division of Child Support Enforcement, as well as the court, to collect money owed.
Different enforcement actions could be taken against the non-custodial parent for failing to pay child support. This includes:
- withholding income by having their employer;
- withholding support payments from their wages;
- issuing a lien;
- ordering to withhold money in a bank account;
- seizing and selling their property;
- intercepting state and federal payments or refunds due to them;
- reporting delinquent support to consumer reporting agencies;
- requesting for the denial, revocation or limitation to their passport; and
- if applicable, having the Virginia Employment Commission withhold support from their unemployment benefits.
Penalties and remedies
If a non-custodial parent is behind at least 90 days, they owe $5,000 or more in child support or they failed to respond to actions issued by the Division of Child Support Enforcement, additional actions could be taken. This includes having the DMV suspend their license or refuse to renew it or seeking the court to turn over any certificate, registration and licensure, including business, trade, professional, occupational or recreational, issued to them.
If the court holds the payer parent in contempt, they could face more serious penalties. This could include fines and jail time. A Misdemeanor or felony charge could occur, resulting in a jail or prison sentence.
The penalties and impact of delinquent child support can be significant, making it important for payer parents to understand their situation and options available. A possible remedy is to seek modification. If paying child support is becoming difficult, the order could be modified. A legal professional can help you understand this process, ensuring any questions or concerns are answered.
