Parents should provide financial support to their children. Unfortunately, many non-custodial parents fall behind on their child support obligations. According to a report published by the United States Census Bureau, only half of all parents who are receiving child support are getting the full amount that they are owed. Alarmingly, nearly one quarter of custodial parents who are owed child support are not receiving anything at all. Here, our dedicated Fairfax, VA child support attorneys provide an overview of the options available to Virginia parents who are owed child support.
Be Proactive: Do Not Let Child Support Violations Linger
In contrast to many other types of legal cases in Virginia, child support violations have a fairly lengthy statute of limitations. Under Virginia Code § 8.01-251, you may have up to 20 years to enforce a child support judgement. That being said, you should not allow a violation of a child support order to linger. The longer you wait to take action, the more difficult it will be to recover the full amount of back child support that is owed to you. Take immediate action to protect your financial interests.
Tools Available to Collect Past Due Child Support in Virginia
Parents have a number of different legal tools available that can be used to enforce a child support order. If your former partner fell behind on their child support obligations, our Fairfax family lawyers can help you take the appropriate action to get the money that you are owed so that you can support yourself and your children. Common methods that can be used to collect delinquent child support in Virginia include:
- Settlement: In some cases, the best way to collect overdue child support is by taking a collaborative approach. You may be able to reach a reasonable settlement with your former partner that most efficiently resolves the issue.
- Wage Withholding: Virginia courts have the authority to order an employer to withhold wages in order to cover overdue child support. If your former partner owes more than one month’s back child support, you may be able to collect money through wage withholding.
- Interceptions of Tax Returns: Child support obligations can also be satisfied through the interception of a state or federal tax return. If you are owed child support, the Division of Child Support Enforcement (DCSE) has the authority to seize a tax return on your behalf.
- Qualified Domestic Relations Orders (QDROs): Under Virginia state law (Virginia Code § 20-113), retirement benefits/pension plans can be garnished to satisfy overdue child support obligations. If your former partner claims they cannot pay child support, but they have sufficient retirement assets in their name, you may have a right to claim a portion of those assets.
Get Help From Our Virginia Child Support Lawyers Today
At Leary Law, our Fairfax family attorneys are committed, diligent advocates for parents. If you need assistance getting past due child support, we are here for you. For a strictly private family law consultation, please contact our law firm today. With offices in Manassas and Fairfax, represent parents throughout Northern Virginia.