Overview: Virginia's Enforcement Framework
Virginia has a comprehensive child support enforcement system designed to ensure that children receive the financial support they are legally entitled to. The system operates on two tracks:
- Administrative Enforcement: Managed by the Division of Child Support Enforcement (DCSE), a unit of the Virginia Department of Social Services
- Judicial Enforcement: Court-based remedies available through contempt proceedings, liens, and garnishments
The cornerstone of Virginia's system is immediate income withholding, which automatically deducts child support from an obligor's wages before they receive their paycheck. This approach dramatically increases compliance rates and reduces the administrative burden on custodial parents.
Immediate Income Withholding (Wage Garnishment)
Under Va. Code § 20-79.3, income withholding is mandatory for all child support orders entered or modified after January 1, 1994. This is the primary enforcement mechanism in Virginia.
How It Works
- Court Order: The support order includes an income withholding provision
- Employer Notice: DCSE or the court sends an Income Withholding Order (IWO) to the obligor's employer
- Automatic Deduction: The employer withholds the support amount from each paycheck
- Remittance: The employer sends withheld funds to the Virginia State Disbursement Unit (SDU)
- Distribution: SDU forwards payment to the custodial parent (obligee)
Withholding Limits
Federal law (Consumer Credit Protection Act) limits the amount that can be withheld:
- 50-55% of disposable income if the obligor supports another family
- 60-65% of disposable income if the obligor does not support another family
- An additional 5% can be withheld if arrears are more than 12 weeks old
Exceptions to Immediate Withholding
Immediate withholding can be waived only if:
- Both parties agree in writing to an alternative payment arrangement, and the court approves it
- The court finds good cause to waive withholding (rare and requires written findings)
Division of Child Support Enforcement (DCSE)
The Virginia DCSE provides free enforcement services for families receiving public assistance (TANF) and low-cost services (usually a small one-time application fee) for non-TANF families. DCSE services include:
Establishment Services
- Locating absent parents
- Establishing paternity (genetic testing, voluntary acknowledgment)
- Establishing child support orders (administrative or judicial)
- Establishing medical support orders
Enforcement Services
- Income withholding setup and monitoring
- Intercepting federal and state tax refunds
- Reporting arrears to credit bureaus
- Suspending driver's licenses and professional licenses
- Placing liens on real and personal property
- Seizing bank accounts and other assets
- Interstate enforcement (UIFSA cases)
- Passport denial for obligors with arrears exceeding $2,500
How to Apply for DCSE Services
You can apply online through the Virginia DCSE website or by contacting your local Department of Social Services office. You will need:
- Information about the non-custodial parent (name, Social Security number, date of birth, address, employer)
- Copy of your child support order (if one exists)
- Birth certificate(s) of the child(ren)
Federal and State Tax Refund Intercepts
If an obligor owes past-due child support (arrears), DCSE can intercept their federal and state tax refunds. This is one of the most effective enforcement tools for collecting arrears.
- Federal Intercept: Administered through the U.S. Treasury Offset Program. Requires at least $500 in arrears for TANF cases or $150 for non-TANF cases.
- State Intercept: Virginia DCSE automatically submits arrears cases to the Virginia Department of Taxation for state refund intercepts.
Intercepted refunds are applied first to current support owed to the custodial parent, then to arrears owed to the state (if the family received TANF), and finally to arrears owed to the custodial parent.
Driver's License and Professional License Suspensions
Under Va. Code § 63.2-1937, DCSE can suspend various licenses when an obligor:
- Is at least 90 days delinquent in child support payments, or
- Fails to comply with a subpoena or warrant relating to paternity or support proceedings
Types of Licenses Subject to Suspension
- Driver's licenses
- Professional and occupational licenses (medical, legal, contractors, real estate, etc.)
- Recreational licenses (hunting, fishing)
- Business licenses
Process
- Notice: DCSE sends written notice to the obligor of intent to suspend
- Opportunity to Contest: Obligor has 30 days to request an administrative hearing
- Hearing: If requested, an administrative hearing is held (obligor can present evidence of payment, inability to pay, or payment plan compliance)
- Suspension: If arrears remain unresolved, DCSE notifies the licensing agency to suspend the license
Reinstatement
To reinstate a suspended license, the obligor must:
- Pay the arrears in full, or
- Enter into a payment plan with DCSE and make consistent payments, or
- Demonstrate good cause why suspension should be lifted (e.g., license is required for employment)
Contempt of Court Proceedings
Failure to pay court-ordered child support is a violation of a court order and can result in civil contempt charges under Va. Code § 20-79.1. Contempt is one of the most serious enforcement remedies.
Filing a Contempt Petition
The custodial parent (or DCSE on their behalf) files a Rule to Show Cause with the Juvenile and Domestic Relations District Court, alleging that the obligor has willfully failed to pay support. The obligor receives a summons to appear in court.
Burden of Proof
- The petitioner must prove by a preponderance of the evidence that the obligor failed to pay as ordered
- The obligor can defend by showing inability to pay (involuntary job loss, disability, etc.) or that they did in fact pay
- Key element: The non-payment must be willful (not due to circumstances beyond the obligor's control)
Penalties for Contempt
If found in contempt, the court may:
- Incarceration: Up to 10 days in jail (can be suspended if obligor pays a "purge amount")
- Fines: Civil penalties to coerce compliance
- Payment Plans: Court-ordered payment plan for arrears
- Attorney's Fees: Obligor may be ordered to pay the custodial parent's legal costs
Liens and Bank Levies
DCSE or the custodial parent can place liens on the obligor's property to secure payment of arrears.
Types of Liens
- Real Property Liens: Filed with the Circuit Court Clerk, attaching to any real estate the obligor owns. Must be satisfied before property can be sold or refinanced.
- Personal Property Liens: Can attach to vehicles, boats, equipment, etc.
Bank Account Levies
DCSE can issue a levy (garnishment) against the obligor's bank accounts. The financial institution freezes the account and remits the funds to DCSE up to the amount of arrears. The obligor receives notice and can contest the levy within a limited timeframe.
Credit Bureau Reporting
DCSE reports child support arrears to the three major credit bureaus (Equifax, Experian, TransUnion) when arrears exceed $1,000. Negative credit reporting can:
- Lower the obligor's credit score
- Make it difficult to obtain loans, credit cards, or housing
- Incentivize payment to repair credit standing
Accurate reporting of arrears helps ensure transparency and can motivate compliance.
Passport Denial
Under federal law (42 U.S.C. § 652(k)), the U.S. Department of State can deny, revoke, or restrict passports for individuals who owe more than $2,500 in child support arrears. DCSE submits cases meeting this threshold to the federal Office of Child Support Enforcement, which forwards them to the State Department.
Obligors receive notice and can resolve the issue by paying the arrears or entering a payment plan with DCSE.
Interstate Enforcement (UIFSA)
Virginia has adopted the Uniform Interstate Family Support Act (UIFSA), which provides a legal framework for enforcing child support across state lines. If the obligor lives in another state:
- Virginia DCSE can work with the other state's child support agency to enforce the order
- Income withholding orders can be sent to employers in other states
- Virginia can register its support order in the other state for enforcement
- Arrears and modifications follow the rules of the issuing state (usually Virginia)
Modification Due to Changed Circumstances
If an obligor experiences a genuine, substantial change in circumstances (involuntary job loss, serious illness, etc.), they can petition the court to modify the support order. Modification is not automatic and does not apply retroactively to periods before the petition is filed.
Do not simply stop paying hoping to modify later. Arrears will continue to accrue, and enforcement actions will proceed. File a modification petition immediately upon a change in circumstances.
Obligor Defenses and Options
If you are unable to pay child support as ordered, you have legal options:
- Seek Modification: File a petition to modify support if your income has substantially decreased
- Payment Plans: Contact DCSE to establish a payment plan for arrears
- Unemployment: Document job search efforts to demonstrate good faith
- Incarceration: You may seek modification or suspension of support during incarceration (though not automatic under Virginia law)
- Bankruptcy: Child support obligations are NOT dischargeable in bankruptcy. Arrears remain enforceable.
Do not ignore support obligations. Arrears continue to accrue at 6% interest per year (Va. Code § 20-78.2), and enforcement remedies become more severe over time. Address the issue proactively through legal channels.
Related Topics
For a complete understanding of Virginia child support, also review:
- Virginia Child Support Formula Guide – Understand how support is calculated
- How to File in Virginia – Step-by-step filing instructions
- Virginia Deviation Factors – When courts may adjust support amounts