Once a family court matter has been settled, custody arrangements have been determined, and child support payments have been set, it is in the child or children’s best interest for both parents to abide by the Court’s order. Unfortunately, sometimes this does not happen, and one parent falls behind or completely stops making child support payments to the custodial parent. Many parents who have difficulty collecting their child support payments from the other parent can become quickly discouraged, frustrated, and feel that there is nothing that they can do. Our child support lawyers can help you receive the back child support payment that was rewarded to you by the Court. The Commonwealth of Virginia takes child support payments very seriously, and fully enforces both parents paying their equal share with regards to the financial burden of raising their joint children. Our office is experienced in recovering back child support payment for our clients. Call our office today.
Virginia Laws are strict regarding child support arrearages
Any person who does not have physical custody of their child has a duty to pay child support to the parent who does have physical child custody. Virginia law allows for very few exceptions to this rule. Being unemployed, or pleading financial hardship does not exempt a parent from paying the amount of child support they were ordered to pay by the Court. If a parent is unable to pay the amount ordered, they may file a motion to have their payments adjusted, however, unless you have had a significant change to your circumstances (such as recently becoming a recipient of SSI benefits) you will have to pay at least the state minimum payment of $65 a month. If a noncustodial parent refuses to pay child support, or does not take steps to request a modified amount they are able to pay, then the Division of Child Support Enforcement has the power to:
- Have income withheld by the noncustodial parent’s employer
- File property liens
- Report child support debts to credit agencies
- Suspend driver’s license
- Suspend business and professional licenses
- Intercept income tax refunds
Norfolk & Virginia Beach lawyers for unpaid child support cases
If you are a parent who is not receiving the child support payments awarded to you from the other parent, our child support lawyers can help. The first thing we will do is file a Motion to Show Cause with the Juvenile & Domestic Relations Court. The Court will contact the other parent and notify them that they must appear in Court and explain to a judge why they have not been making child support payments on time. In some cases, it may be possible to file a motion asking the other parent to pay your attorney’s fees or pay interest on the late child support. If the noncustodial parent does not cooperate or voluntarily work out a payment schedule, we can file a Motion for an Income Deduction Order. This will garnish the noncustodial parent’s wages until they are compliant with the child support order.
Our family law firm knows that you only seek what is fair, and what is required to support the needs of your children. We have successfully recovered arrearages for many of our clients and will fight to protect the best interests of your children. We are always available to take questions regarding the status of your case. Email us or call anytime at (757) 422-4646. We serve clients in Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Newport News, Hampton, Williamsburg, and Yorktown, as well as the surrounding counties of Northampton, Isle of Wight, York, and James City.