What Happens When Child Support Isn't Paid

When a child support order exists and payments stop, there are real consequences for the paying parent.

If you are the parent waiting for payments, you have options to make them happen.

This article covers both situations.

I am waiting for payments. What can I do? 

You can take action through the court or through DCSE.

Through the court:

1. You can file form DC-625 to report unpaid support, or file a Motion to Show Cause asking a judge to enforce the order.
2. If there is not already a wage garnishment order on file, you may request wage garnishment through the court clerk's office, by filing a DC-617 motion. You will need to provide contact information for the payor’s employer.
3. Once this is filed, the payor will have 10 days to object before an order is put into effect. If the parent does file an objection, a hearing on the matter will be held. Otherwise, the court will issue the order.
4. There are rules about how much can be withheld, and the payor’s employer will be notified on how much to withhold.  

Through DCSE, you can ask the agency to enforce the order directly. This works whether DCSE issued the original order or not. 

• You can reach out to the DCSE for enforcement services through the MyChildSupport portal.
• The DCSE will work with the payor parent to set up a payment plan for unpaid support, and offer services to help them get back on track. It may also suspend driver’s or other licenses as a way to push the parent to pay.

How can payment be enforced? 

If a payor gets far behind on support (either more than 90 days or $5,000) and is not making progress on catching up on arrears, the courts and DCSE have several ways to collect unpaid support, which include:

• Wage garnishment: money is taken directly from the paying parent's paycheck
• Tax refund interception: state and federal tax refunds can be taken
• Benefit interception: unemployment or worker’s compensation benefits can be taken
• Property liens: a legal claim can be placed on the paying parent's property, including bank accounts
• License suspension: the paying parent's driver's or other license can be suspended
• Contempt of court: a judge can order the paying parent to jail for failing to pay
• Monthly Payor Status: a judge can tell the payor that they will be put in jail unless they make the required payments each month. If the payor does not make the required payment on time every month, they will go straight to jail.

If the payor parent can’t pay everything they owe right away, they can set up a payment plan. First, they must pay at least 5% of their arrears or $500, whichever is more. Once they have paid this amount and made a plan to pay the rest, any license suspensions will be lifted.

What happens to unpaid support over time? 

Unpaid child support is called "arrears." It does not go away. The longer payments are missed, the harder it becomes to catch up. If you have missed payments, make arrangements to pay them and get caught up. If your circumstances have changed, ask the court to reduce your regular child support payment amount to make it easier to stay on track.

Arrears cannot be erased in bankruptcy, and property can be seized to collect them. 

If arrears build up, a judge can order the paying parent to pay all back support. You could also be required to pay current support, interest, and possibly the other parent's lawyer's fees.

The court can issue a judgment for the amount you owe, and allow the custodial parent to put a lien on your property. A lien is a legal right someone has to your property to get back money you owe them. 

I am the paying parent. What should I do? 

If you have missed a payment, act quickly. You can make up a missed payment online through the MyChildSupport portal. 

Reach out to DCSE or the other parent to work out a plan so you do not fall further behind. The sooner you act, the better.

Can a payor parent request wage garnishment? 

Yes. Either parent can request income withholding, which takes payments automatically from the paying parent's paycheck. Some paying parents prefer this because they do not have to remember to make individual payments.

Does child support affect visitation? 

Child support and visitation are two completely separate legal matters.

If you are the paying parent and you are being denied visitation, you still must keep paying support. Handle the visitation issue separately by filing a visitation petition with the court.

If you are the receiving parent and support has not been paid, you cannot block visitation as a response. A court may limit contact with a child in cases involving safety concerns, but that is a different issue from support.

Where can I get free legal help? 

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