How to File for Child Support in Virginia

If you need to set up a child support order, this guide walks you through how to do it.

There are two ways to file in Virginia:

1. You can file through the Division of Child Support Enforcement, called DCSE. This is a state agency.
2. Or you can file directly with the Juvenile and Domestic Relations Court, called the JDR Court.

Both options are free. Neither requires a lawyer.

Does paternity need to be established first? 

If only one parent is listed on the birth certificate, or if no "Acknowledgment of Paternity" form was signed at birth, paternity must be established before the other parent can be required to pay. 

DCSE can help cover the cost of paternity testing.

Which option should I choose? 

Filing for support with the DCSE means you will get help with finding out the other parent’s income, calculating the amount, and enforcing the order. DCSE also provides help to the payor. For example, DCSE can help them with job assistance, or help get their driver’s license restored so they can get a better paying job. 

DCSE provides an online portal for updating addresses or income documents, and for downloading case documents. 

If you do not already have a custody order, you should probably file for custody and support at the same time. DCSE cannot decide custody, only a court can. But even if your support order was issued by a court, you can still ask DCSE to enforce it.

Option 1: Filing through DCSE

To get started with DCSE, apply online.

After you apply, DCSE may issue an Administrative Support Order, called an ASO. This is an official support order issued by the agency.

The paying parent has 10 days to object to the ASO. If they do, the case moves to an administrative hearing. If the payor still objects, they can appeal to the JDR court.

Both the court and the DCSE can collect payments by taking money directly from the paying parent's paycheck. This is called wage garnishment. Some payors prefer wage garnishment since it happens automatically. You don’t have to remember to pay or figure out how much you have left to spend on other things.

Option 2: Filing through the JDR Court

You can also file a petition directly with the court services office of the JDR Court in the city or county where your child lives. You will need to have full names, addresses, birth dates, etc. for all children and the other parent. The address of the other parent must be a different address from yours.

The court will set the support amount based on both parents' incomes and expenses, following Virginia's child support formula. Read more about how child support is calculated.

If you are also dealing with a custody case, file your support and custody petitions in the same place. The court will want to settle custody and visitation before it rules on support. Even if you file through the court, you can request full services, including wage withholding, from DCSE.

Can I appeal a child support order? 

Yes. If you disagree with a child support order, you have the right to appeal. But deadlines are very short — you must act within 10 days of the order.

A DCSE Administrative Support Order (ASO) is issued by the agency, not a judge. A court order is issued by a judge after a hearing. Both are legally enforceable, but they are appealed differently.

Read more: How to Appeal a Child Support Order in Virginia

What if one parent is in the military? 

The Servicemembers Civil Relief Act (SCRA) provides some protections for active-duty payor parents in child support actions. 

The military also requires service members to pay child support when a court has not issued an order, due to the payor being on active duty. You may seek assistance from the payor parent’s command.

If you are taking the payor to court for "arrears," or unpaid support, and they are on active duty:

• The court may not issue a "default judgment," or rule against an active servicemember just because they did not appear in court.
• A court may delay the hearing until after the tour of duty, or appoint a lawyer to represent their interests.
• Payors who are behind on payments may also ask for their interest to be capped on unpaid support, if they have not paid because of their service.

Showing that a respondent parent is not on active duty is required under the Servicemembers Civil Relief Act. The court will require you to fill out a form about the parent’s duty status with this information when you file. You must check their military status before filing in court so you can provide the court with this information. You can check active-duty status through the Defense Manpower Data Center online or by mail. 

Are you worried about your safety? 

If you are afraid of the other parent, tell the DCSE before you file. They can take steps to protect you and your child throughout the process. 

Where can I get free legal help? 

• Find your local legal aid office. Visit virginialawhelp.org/get-legal-help or call 866-534-5243.