Child Support in Virginia

The laws in Virginia seek to ensure that children are cared for and supported by both parents, whether they are married or not. The process for determining child support is the same for unmarried parents as for married ones. When parents are unmarried, paternity can be established through agreement or DNA testing. At Castro Law PLLC, our attorneys represent mothers and fathers across Virginia in child support cases. Count on us to help establish a fair support arrangement that ensures both parents share financial responsibility equitably.

Understanding How Child Support is Determined in Virginia

In Virginia, children are entitled to support from both of their parents. Parties can be ordered to pay child support or parties can enter into an agreement regarding the payment of child support, which is usually recommended to be incorporated into a court order.  In Virginia, when a court determines the amount of child support, it is usually calculated in accordance with statutory guidelines governed by Virginia Code § 20-108.2, which are known as “presumptive guidelines.” Application of the presumptive child support guidelines entails consideration of three main factors:

• Each parent’s gross income (not all income is treated the same)
• The number of children entitled to support
• Amount of parenting time each parent has

The calculation will also factor in work-related childcare costs and monthly health insurance premiums for the child’s coverage. Virginia Code § 20-108.2 outlines multiple child support guideline options depending on the allocation of parenting time. However, in general, when a parent has 90 days (based on 24-hour periods) or less of parenting time with a child in a one-year period, the Sole Custody Child Support Guideline is used; and when a parent has more than 91 days of parenting time per year, the Shared Custody Support Guideline is used. Various other guidelines are used to calculate child support, depending on the number of children and the custodial arrangement for each child. It’s important to consult an experience attorney to help determine the application of the appropriate guidelines for your case.

However, there are cases in which a court will deviate from the presumptive guideline amount and award more or less than.  In determining whether the court should deviate from the presumptive guidelines, the court will consider numerous factors pursuant to Virginia Code § 20-108.1, including the following:

1. Actual monetary support for other family members or former family members;
2. Arrangements regarding custody of the children, including the cost of visitation travel;
3. Imputed income to a party who is voluntarily unemployed or underemployed;
4. Child care costs incurred by a parent attending an educational or vocational program likely to maintain or increase the party’s earning potential;
5. Debts of either party arising during the marriage for the benefit of the child;
6. Direct payments ordered by the court for maintaining life insurance coverage or education expenses for the benefit of the child;
7. Extraordinary capital gains;
8. Special needs of a child resulting from any physical, emotional, or medical condition;
9. Independent financial resources of a child;
10. Standard of living for the child established during the marriage;
11. Earning capacity, obligations, financial resources, and special needs of each parent;
12. Disposition of income-earning marital property;
13. Tax considerations;
14. Written agreement between the parties regarding child support.

In addition to the factors above, the court can also take into consideration other factors it deems appropriate and relevant to the equities of the parents and the children.  For a better understanding of these factors and how they are considered by the courts, it is recommended to speak with an experienced attorney.  

Termination of Child Support: When Do Payments Stop?

A child is entitled to financial support from both parents generally until the age of majority in Virginia, which is 18 years old.* However, there are situations where child support may continue beyond 18:

• High School Enrollment: If the child is still (1) actively enrolled in high school full-time, (2) is financially dependent on the custodial parent at 18, and (3) still lives at the home of either parent, child support may continue until the child reaches the age of 19 or graduates from high school, whichever comes first.

• Disability: If the child has a severe and permanent mental or physical disability (existing before the age of 18) that prevents self-sufficiency, and the child continues to live at home with either parent, then child support may continue beyond the age of 18. The court will consider the nature of the disability and the child’s living situation.

*The age of majority in the District of Columbia, for purposes of child support, is 21.

Reaching Agreements

Parents can also arrange to extend child support past the legal requirements. This agreement should be formalized in court to ensure enforceability. These agreements might be made to cover college expenses, healthcare costs, or other needs specific to the child’s situation.

Important Considerations:

• Review Your Order: Always refer to your specific child support order for any exceptions or variations to the general rules.
• State Variations: Child support laws can differ slightly by state. Consider consulting with a Castro Law family attorney for more information and a more detailed understanding of how child support is treated in Virginia and the District of Columbia.
• Changes in Circumstances: After a child support determination has been made and formalized or incorporated into an order, a party may seek a modification of the support if they can prove there has been a material change in circumstances. Such changes may include, but is in no way limited to, a significant adjustment to gross income, living arrangements, relocation of a party, changes in the child’s needs, or one party’s failure to exercise the court-ordered parenting schedule. It is recommended you seek legal advice early if such situations arise, as it could impact your ability to recoup changes in support payments.

 

Consequences of Failing to Pay Child Support in Virginia

Virginia takes child support enforcement seriously, and there are significant consequences for parents who fail to meet their court-ordered obligations. Here’s a breakdown of what can happen:

Enforcement Actions by DCSE:

• The Virginia Department of Social Services Division of Child Support Enforcement (DCSE) has the authority to take action to collect unpaid child support. This may include:

• Wage Garnishment: DCSE can garnish a portion of a parent’s wages to pay the owed support directly.

• Tax Refund Interception: Federal or state tax refunds may be intercepted to recover past-due payments.

• Credit Bureau Reporting: Unpaid child support can be declared to credit bureaus, negatively impacting credit scores.

• Liens on Assets: DCSE can secure payment by placing liens on property, such as a car, a boat or house.

• License Suspension: Driver’s or professional licenses might be suspended until the arrearages are resolved.

Interest and Court Action:

• All past-due child support payments accrue interest until they are fully paid, increasing the total amount owed.
• While DCES itself cannot jail anyone, they can refer the case to court for further action.
• A family court judge can find a party in contempt of court for non-payment and potentially sentence the party to jail time (for up to a year or more) as a penalty, depending on the severity of the case. However, jailing a parent is usually a last resort because it hinders their ability to earn income and meet their support obligations.

Alternatives and Legal Help:

• If you’re struggling to make payments, it’s crucial to contact an attorney to discuss petitioning the court for a child support modification. This process may adjust your payment amount based on legitimate changes in your income or circumstances.
• Remember, visitation and child support are separate legal issues. Withholding visitation because of unpaid support is considered contempt of court. An attorney can advise you on your legal rights regarding visitation.
• Virginia law prohibits the unilateral reduction of child support payments as a “self-help” method of recouping other unpaid fees owed by the other party. Contact a family law attorney at Castro Law to help you determine your options for recovering unpaid fees by a party.

Key Takeaways:

• Failing to pay child support in Virginia has serious consequences.
• DCES has a range of enforcement tools to collect unpaid amounts.
• Non-payment can lead to court action, potential jail time, and other penalties.
• Do not attempt self-help options to recover fees.
• If you’re facing difficulty with payments, explore options for modification through an attorney at Castro Law.