Child Support in Virginia
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In Virginia, both parents are legally required to support their child. This is true no matter who the child lives with, whether or not the parents were ever married, and even if one parent has little or no income.
The parent the child spends most of their time with is called the “custodial parent.” The parent the child spends less time with is called the "non-custodial parent" or "payor." The non-custodial parent pays support to the custodial parent, even if the custodial parent makes more money. Virginia’s child support guidelines are meant to make sure both parents contribute to the child’s needs.
Child support belongs to the child. You cannot agree to give it up entirely.
How is the amount figured out?
Virginia uses a formula to calculate support. The formula looks at both parents' incomes, the number of children, how much time the child spends with each parent, and costs like childcare, health insurance, and medical expenses.
A judge can sometimes choose a different amount than the formula suggests. This is called "deviating" from the guidelines. It does not happen often.
Before you go to court or contact the state child support agency, you can estimate your support amount using a free online calculator.
Read more: How Child Support Is Calculated in Virginia
How do I get a support order?
There are two ways to set up child support in Virginia:
- You can go through the Division of Child Support Enforcement, called DCSE. This is a state agency.
- Or you can file directly with the Juvenile and Domestic Relations Court, called the JDR Court.
You do not need a lawyer for either option. There is no filing fee.
One important thing to know before you start: support payments are calculated from the date you file, not the date the order is issued. Filing sooner means payments start sooner.
Read more: How to File for Child Support in Virginia
I'm a payor: What if my situation changes?
Child support orders can be changed, but only when something significant has happened. Examples include losing your job, becoming disabled, or a big shift in either parent's income.
If your situation changes, file a Motion to Amend right away. Do not wait. If you stop paying without a new court order, the old amount keeps adding up. Unpaid support is called "arrears." Once arrears build up, they cannot be reduced or erased, even in bankruptcy.
If you are struggling to make the payments, there is help. The DCSE provides "family engagement" support to help payor parents with issues such as job training, help with license reinstatement, and reviews of your obligation.
Read more: How to Change Your Child Support Order in Virginia
What if the payor parent stops paying?
If the payor parent is not paying, the custodial parent has options. You can ask the court or DCSE to enforce the order. They can use tools like:
- Taking money from their paycheck
- Intercepting tax refunds
- Putting a hold on property
- Suspending driver’s or other licenses
If you are the one who has missed payments, act quickly. Reach out to DCSE or the other parent and get caught up as fast as you can.
If your income is reduced, tell the court or the DCSE (whichever gave you the order) right away. That way, you don’t run up arrears based on an amount set when you were earning more.
Read more: What Happens When Child Support Isn't Paid
Can I appeal a support order?
Yes, but the deadline is short.
- If the order came from the JDR court, you must file your appeal within 10 days of the date of the order. File in the office of the clerk of the court that issued the order.
- If you receive an administrative support order, you must request an appeal in writing by mail or email within 10 days. If the hearing officer rules against you, you will have 10 days to appeal that decision to the JDR court.
When you appeal a court order, you get a completely new hearing. The outcome could go either way. The amount could stay the same, go down, or go up.
A few rules that often surprise people
Child support and visitation are two separate legal matters. You cannot stop paying support because you are being denied visitation. You also cannot block visitation because support has not been paid. Courts treat these as completely separate things.
Child support generally lasts until your child turns 18. If your child is still in high school and living with the custodial parent, support continues until age 19. If your child has some sort of permanent disability, a child support obligation may continue beyond age 18 or high school graduation.
Are you worried about your safety?
If you are afraid to file for support because of the other parent, tell the Department of Social Services or DCSE before you file. They can take steps to protect you and your child throughout the process. There is a box to check on the court’s child support petition to show this. The staff of the DCSE should ask you if you have safety concerns when you are filing.
Where can I get free legal help?
- Find your local legal aid office. Visit virginialawhelp.org/get-legal-help or call 866-534-5243.
- Read more common questions about child support on the DCSE website.