As a custodial parent in Virginia, you may find yourself struggling when the non-custodial parent falls behind on court-ordered child support payments. These back payments, known as arrears, can create significant financial strain. Fortunately, Virginia has mechanisms in place to help you recover these overdue payments.
In Virginia, arrears refer to the total amount of unpaid child support that has accumulated over time. These are payments that the court ordered but that the non-custodial parent did not make.
Steps to pursue back payments
Here are three steps to pursue back payments.
- Document the arrears: Keep detailed records of all missed payments, including dates and amounts.
- Contact the Division of Child Support Enforcement (DCSE): Report the unpaid support to the DCSE. They can assist with enforcement efforts, including wage garnishment, intercepting tax refunds, placing liens on properties and more.
- Consider legal action: If the DCSE’s efforts are unsuccessful, you may need to file a motion for contempt with the court.
There is no statute of limitations on collecting child support arrears in Virginia. This means you can pursue back payments regardless of how long ago they were due. Moreover, interest may accrue on unpaid child support at a rate set by state law. This can significantly increase the total amount owed over time.
Seeking legal guidance
Given the complexity of child support enforcement, consulting with a family law attorney can be beneficial. They can help you understand your rights, navigate the legal process and potentially file a motion for contempt if necessary.
While dealing with unpaid child support can be frustrating, Virginia provides robust mechanisms for pursuing back payments. By taking action, you are ensuring your child receives the financial support they are entitled to under the law.
