Child Support in Virginia

Abbreviations:

• DCSE: Division of Child Support Enforcement

• ASO: Administrative Support Order

• J&DR: Juvenile and Domestic Relations District Court

 

Who Pays Child Support?

Both parents are legally required to support their child. The non-custodial parent (also called the “responsible party” or “payor”) must pay child support to the custodial parent. The responsibility to pay child support begins when the case is filed.

Know: If only one parent is named on the birth certificate, or no “Acknowledgement of Paternity” form was signed at the child’s birth, paternity will need to be decided before a second parent can be required to pay child support. The DCSE helps offset the cost of testing.

How is the Support Amount Set?

Virginia law sets guidelines based on both parents' income, number of children, amount of time spent with each parent, and costs like childcare, medical expenses, and health insurance. If a case is filed in court, child support may be set at the same time as custody and/or visitation matters are decided.

Know: It is possible that a judge may choose another support amount that is different from the guideline amount -- to "deviate" from the guidelines -- but this is rare.

You can estimate your support amount using the following tools:

• Online Calculator

• Court Worksheet

• Documents List

 

For Custodial Parents: Getting Support Through DCSE

Apply online: DCSE Application. After the custodial parent files an application, the DCSE may issue an Administrative Support Order (ASO). The payor has 10 days to object. DCSE can garnish wages and intercept income.

Getting Support Through the J&DR Court

File a petition with the J&DR Court, usually in the city or county where the child lives. No attorney or filing fee is required. Support is set based on both parents' income and expenses, following the Virginia Child Support Guidelines. Support and custody petitions should be filed in the same locality.

Enforcing or Modifying Support

Support Withholding: Depending on which entity ordered the support, the DCSE or a court can issue an order to garnish wages (“income withholding”). Either parent may request this. Some payor parents prefer to pay this way so they don’t need to remember to make payments.

If Payments Are Missed: File form DC-625 for arrearages (money that is owed). Long-term arrearages may result in the payor being ordered to pay back child support as well as current child support, interest, and possibly even your attorney’s fees.

Changing Support: Support can only be changed if there's a significant change in circumstances. File a Motion to Amend with the original court. Any change applies from the date the other party was served.

If Support Isn’t Paid:

You may:

• File a Motion to Show Cause in the JDR court to enforce its order Request income withholding from the court clerk’s office or through DCSE

• Ask DCSE to enforce its order

• Apply to DCSE to enforce a court order
Know: Enforcement may include liens, license suspensions, or intercepts of tax refunds

Other Common Questions

Must I Allow Visitation If Support Isn’t Paid?

Yes. Child support and visitation are separate legal matters, and you cannot withhold visitation just because support is not paid.

Know: A court may order no contact with the child due to concerns about safety.

Can I Waive Child Support?

No. If you receive TANF and some other forms of assistance, child support rights are assigned to DCSE (unless there is good cause, such as fear of violence from the payor parent). Otherwise, while you can choose not to seek support, children are legally entitled to it. Lack of child support means the child may go without things they could or should have.

Know: If you fear the payor parent, let the Department of Social Services and/or DCSE know. They can take special actions to avoid putting you or your child at risk. For Payor Parents: Navigating Child Support Obligations

How Long Must I Pay?

Until the child turns 18, or 19, if still in high school and living with the custodial parent.

Can I End Parental Rights to Avoid Paying?

Generally, no. Courts rarely terminate rights just to avoid support.

Can I Stop Paying if I’m Denied Visitation?

No. You must continue to pay support.

What if I miss a payment?

If the child support order came from the DCSE, or DCSE handles enforcing an order, you can make up a missed payment online: https://mychildsupport.dss.virginia.gov/Payment/SubmitGuestPayment. You must get caught up as quickly as possible.

Know: Communicate with the DCSE or with the custodial parent to work out a payment plan so you

don’t get behind.

What If I Lose My Job or Become Disabled?

File a Motion to Amend immediately. With that motion, you can provide proof of your circumstances (e.g., disability or unemployment).

What If I'm Incarcerated?

If your incarceration is over 180 days, you can file to reduce your support obligation, but there is no guarantee the court will grant it.

If I Don’t File to Amend?

Support continues to accrue. You could owe thousands in arrears, plus interest. If the custodial parent has hired an attorney, you may be ordered to pay the attorney’s fees. Back Child Support (Arrearages)

Can My Arrearages Be Reduced?

No. Unpaid support becomes a judgment and can't be discharged in bankruptcy. Property can be seized, and you may owe interest and attorney’s fees. Learn more here: https://www.dss.virginia.gov/family/dcse/faq.cgi.

 

Appeals and Rehearings

Can I Appeal a Support Order?

Yes, but deadlines are short: you must file an appeal within 10 days.

• ASO (DCSE): Appeal in writing within 10 days of service. Info: DCSE Appeals

• J&DR Court Order: Appeal to the Circuit Court within 10 days. This results in a new hearing (called a trial de novo). Note that an appeal may not go the way you want—you could be ordered to pay the same amount, or even more.

 

Support for Disabled Children Over 18:

You may be ordered to pay if:

• the disability began before age 18 (or 19 if in school),

• the child can’t live independently, and

• the child lives with the parent seeking support.

If the Payor Has No Income: Support may still be based on assumed ("imputed") income. Minimum: $68/month per child.

Know: “imputed income” means how much money a certain person should be able to pay, based on facts such as the type of job they have had in the past, their current training and abilities, and the jobs and pay rates available where they live.

Military Active-duty Status Check (Under the Servicemember Civil Relief Act): Check military status of the payor parent via the military’s “Defense Manpower Data Center” online or by mail before filing for child support or enforcement in court.

For more information:

You may find most DCSE forms here: https://www.dss.virginia.gov/family/dcse/form.cgi

 

Note: This guide is for information only. For legal advice, consult a lawyer. To find your local legal aid office and learn if you are eligible for their services, go to VaLegalAid.org.