How to File for Child Support in Virginia

Overview: Two Paths to Establishing Child Support

In Virginia, there are two primary ways to establish a child support order:

1. Private Action: File a petition directly with the Juvenile and Domestic Relations District Court. This option gives you direct control over the case but requires you to handle all filings, service, and court appearances yourself (or through a private attorney).
2. Through DCSE: Apply for services through the Virginia Division of Child Support Enforcement (DCSE), a unit of the Department of Social Services. DCSE will establish and enforce the order on your behalf at no cost (for TANF recipients) or for a small application fee (for non-TANF families). DCSE handles all legal filings and court representation.

Both paths lead to a legally binding court order. The choice depends on your circumstances, financial resources, and how contested the case is likely to be.

Option 1: Filing Through DCSE (Recommended for Most Families)

The Virginia Division of Child Support Enforcement (DCSE) provides comprehensive services for establishing and enforcing child support orders. DCSE is particularly beneficial for parents who:

• Cannot afford a private attorney
• Need help locating the other parent
• Need paternity established
• Want automatic income withholding and payment processing
• Require interstate enforcement (other parent lives out-of-state)

Step 1: Apply for DCSE Services

You can apply online through the Virginia DCSE website or by visiting your local Department of Social Services office. The application requires:

• Your contact information and Social Security number
• Information about the other parent (name, Social Security number, date of birth, address, employer – as much as you know)
• Birth certificate(s) of the child(ren)
• Copy of any existing custody or support orders (if applicable)

Fees: DCSE services are free for families receiving Temporary Assistance for Needy Families (TANF). For non-TANF families, there is typically a one-time application fee of $25. This fee may be waived for low-income applicants.

Step 2: DCSE Locates the Other Parent (If Needed)

If you do not have current contact information for the other parent, DCSE will use state and federal databases (Parent Locator Services) to find them. These databases include:

• Social Security Administration records
• IRS employment records
• DMV records
• State employment records
• Credit bureau reports

Step 3: Paternity Establishment (If Needed)

If the parents were not married when the child was born, legal paternity must be established before support can be ordered. DCSE can facilitate this through:

• Voluntary Acknowledgment: Both parents sign an Acknowledgment of Paternity form, which is filed with the Virginia Division of Vital Records. This has the same legal effect as a court order.
• Genetic Testing: If paternity is disputed, DCSE arranges for DNA testing at no cost to the parties. If testing establishes paternity, DCSE will proceed with a support order.

Step 4: DCSE Establishes the Support Order

Once paternity is established (or if the parents were married), DCSE will:

1. Request financial information from both parents (pay stubs, tax returns, etc.)
2. Calculate the presumptive support amount using the Virginia Child Support Guidelines (Income Shares Model)
3. Attempt to negotiate a consent order with both parents. If both agree to the guideline amount, the order can be finalized quickly without a contested hearing.
4. If no agreement is reached, DCSE will file a petition with the Juvenile and Domestic Relations District Court and represent you at the hearing.

Step 5: Income Withholding and Payment Setup

Once the order is entered, DCSE automatically sets up immediate income withholding. The obligor's employer receives an Income Withholding Order (IWO) and begins deducting support from each paycheck. Payments are sent to the Virginia State Disbursement Unit (SDU), which forwards them to you.

You can track payments online through the DCSE portal. If the obligor fails to pay, DCSE automatically initiates enforcement actions (see our Enforcement Guide).

Option 2: Filing a Private Action with the Court

If you prefer to handle the case yourself (or hire a private attorney), you can file a petition directly with the court. This option is appropriate if:

• You and the other parent can reach an agreement on support
• You want faster resolution than DCSE administrative processing
• Your case is complex (high income, shared custody disputes, deviation factors)
• You are already involved in other family law proceedings (divorce, custody)

Step 1: Determine the Correct Court

Child support cases are filed in the Juvenile and Domestic Relations District Court under Va. Code § 16.1-241. You can file in:

• The county or city where the child resides
• The county or city where the other parent resides

Step 2: Gather Required Documentation

Before filing, collect the following documents for both parents:

• Proof of Income: Last 2-3 pay stubs, most recent tax return, W-2s, 1099s. If self-employed, provide profit and loss statements for the past 12 months.
• Child Information: Birth certificate(s), Social Security number(s), school records.
• Health Insurance: Proof of health insurance coverage for the child(ren) and monthly premium cost (children-only portion).
• Childcare Costs: Receipts or invoices for work-related childcare expenses.
• Other Support Obligations: Documentation of any child support or spousal support paid or received for other children or former spouses.
• Custody Arrangement: Parenting plan or custody order showing the number of days per year the child(ren) spend with each parent.

Step 3: Complete the Required Forms

Virginia courts provide fillable PDF forms on the Virginia Judicial System website. The primary forms you will need are:

A. Petition for Child Support (Form DC-5)

This is the initiating document. It includes:

• Identifying information for both parents and the child(ren)
• Current custody and visitation arrangements
• Income information for both parents
• A statement of why support is needed
• Your requested relief (the amount of support you are seeking, based on the guidelines calculation)

B. Child Support Guidelines Worksheet

Virginia requires one of three worksheets depending on your custody arrangement:

• DC-637 (Sole Custody): Use if one parent has the child for fewer than 90 days per year. Download DC-637
• DC-638 (Split Custody): Use if there are two or more children and each parent has primary custody of at least one child. Download DC-638
• DC-640 (Shared Custody): Use if each parent has the child(ren) for 90 or more days per year. Download DC-640

These worksheets walk you through the Income Shares calculation step-by-step. For assistance, use our Virginia Child Support Calculator to verify your calculations before filing.

C. Financial Statement

A detailed statement of your income, expenses, assets, and liabilities. This helps the court evaluate both parents' financial circumstances.

D. Income Withholding Order (IWO)

If you want immediate income withholding (highly recommended), include a completed IWO with your petition. The court will sign it when the order is entered.

Step 4: File the Petition with the Court

Submit your completed forms to the Clerk of the Juvenile and Domestic Relations District Court. You will need:

• Original signed petition and worksheets
• At least 2 copies of all documents (one for the court file, one for the other parent, one for yourself)
• Filing fee (varies by locality, typically $25-$50). If you cannot afford the fee, file an Application for Proceeding in Civil Case Without Payment of Fees or Costs (Form CC-1414).

The Clerk will review your forms for completeness, assign a case number, and schedule a hearing date (typically 4-8 weeks out).

Step 5: Serve the Other Parent

Virginia law requires that the other parent (respondent) be formally notified of the petition. This is called service of process. You have three options:

• Sheriff's Service: The sheriff's office in the county where the respondent lives will personally deliver the summons and petition. This is the most reliable method. Contact the sheriff's office to arrange service and pay the service fee (typically $12-$30).
• Private Process Server: You can hire a licensed process server to deliver the documents.
• Service by Publication: If the respondent's whereabouts are unknown, you can petition the court for permission to serve by publication (posting a notice in a local newspaper). This is a last resort and requires a diligent search effort first.

Proof of Service: Once the respondent is served, the server must file a proof of service with the court. The hearing cannot proceed without proof that the respondent was properly notified.

Step 6: Attend the Hearing

On the scheduled date, both parents must appear before the judge. Bring:

• All financial documentation (pay stubs, tax returns, etc.)
• Completed Child Support Guidelines Worksheet
• Proof of health insurance costs
• Proof of childcare costs
• Custody order or parenting plan (if applicable)
• Any other evidence supporting your position (e.g., records of voluntary support payments already made)

Possible Hearing Outcomes

• Consent Order: If both parents agree on the support amount, the judge will enter a consent order on the spot.
• Guideline Order: If there is no agreement but the facts are straightforward, the judge will apply the Virginia guidelines and enter an order for the presumptive amount.
• Deviation: If you are seeking a deviation from the guidelines (upward or downward), you must present evidence justifying the deviation under Va. Code § 20-108.1(B). The judge will make written findings explaining any deviation.
• Continuance: If additional information is needed (e.g., pending paternity test, discovery disputes), the judge may continue the hearing to a later date.

Step 7: After the Order is Entered

Once the court enters the support order:

• Income Withholding Begins: If an IWO was included, the clerk will send it to the obligor's employer within a few days. Withholding typically begins within 2-4 weeks.
• Payments Go to SDU: All payments are sent to the Virginia State Disbursement Unit (SDU), which maintains a record and forwards payments to the obligee. You can track payments online through the SDU portal.
• Keep Records: Maintain copies of all court orders, payment records, and correspondence. If enforcement is needed later, this documentation will be essential.

Establishing Paternity Before Filing

If the parents were not married when the child was born, paternity must be legally established before a support order can be entered. There are three ways to establish paternity in Virginia:

1. Voluntary Acknowledgment of Paternity (AOP)

Both parents sign an Acknowledgment of Paternity form, typically at the hospital when the child is born. The form is filed with the Virginia Division of Vital Records. Once filed, the AOP has the same legal effect as a court order of paternity.

Rescission Period: Either parent can rescind (revoke) the AOP within 60 days by filing a Rescission of Acknowledgment with Vital Records. After 60 days, the AOP can only be challenged in court under very limited circumstances (fraud, duress, material mistake of fact).

2. Administrative Paternity

DCSE can establish paternity administratively (without a court hearing) if:

• The alleged father does not contest paternity, or
• Genetic testing shows at least a 98% probability of paternity

DCSE arranges for genetic testing at no cost to the parties. If the father contests the test results, the case is referred to court.

3. Court Order

If paternity is disputed, either parent (or DCSE) can file a petition for determination of paternity in Juvenile and Domestic Relations District Court. The court will order genetic testing and, if paternity is established, enter an order accordingly.

Interstate Cases (UIFSA)

If the other parent lives in a different state, Virginia has adopted the Uniform Interstate Family Support Act (UIFSA) to handle cross-border cases. You can still establish support through Virginia courts if:

• Virginia is the child's home state (where the child has lived for the past 6 months), or
• Both parents have significant connections to Virginia

DCSE is particularly effective in interstate cases, as it coordinates with the other state's child support agency to:

• Locate the other parent
• Serve court documents
• Enforce income withholding in the other state
• Collect and disburse payments

Virginia DCSE can initiate a case in the other state on your behalf if necessary.

Negotiating a Consent Order

If both parents can agree on the support amount, you can submit a consent order to the court without a contested hearing. This saves time and legal costs. A consent order must:

• Be in writing and signed by both parents
• Include the agreed support amount and payment schedule
• Reference the guideline amount (and explain any deviation, if applicable)
• Include provisions for health insurance and childcare costs
• Include an income withholding order

The court will review the consent order to ensure it serves the child's best interests. If the agreed amount is significantly different from the guidelines, the court may require written findings explaining the deviation.

When Can Support Be Modified?

Once a support order is in place, either parent can petition for modification if there is a material change in circumstances. Common grounds for modification include:

• Significant income change (±25% or more is typically material)
• Change in custody arrangement (e.g., crossing the 90-day threshold)
• Change in the child's needs (new medical expenses, educational costs)
• Changes in health insurance or childcare costs

Modifications are not retroactive – they apply only from the date the petition is filed. If circumstances change, file for modification immediately. Do not wait and do not simply stop paying.

Filing Costs and Fee Waivers

DCSE Route: $25 application fee for non-TANF families (often waived for low-income applicants). TANF recipients pay no fee.

Private Action: Court filing fees range from $25-$50 depending on the locality. Service of process costs an additional $12-$30.

Fee Waiver: If you cannot afford filing fees, complete an Application for Proceeding in Civil Case Without Payment of Fees or Costs (Form CC-1414) and file it with your petition. If approved, the court waives filing fees and service costs.

Tips for Success

• Be Organized: Gather all financial documents before starting
• Be Honest: Provide accurate information on all forms (penalties for perjury apply)
• Keep Records: Make copies of all filed documents and correspondence
• Meet Deadlines: Respond to all court notices and DCSE requests promptly
• Attend All Hearings: Failure to appear may result in default judgment
• Use Our Calculator: Get an estimate of guideline support using our Virginia Calculator
• Consider Legal Help: For complex cases (high income, deviation issues, contested paternity), consult a Virginia family law attorney

After the Order is Entered

Once your child support order is in place:

• Income Withholding: Automatic paycheck deduction begins (employer sends payments to SDU)
• State Disbursement Unit: Processes all payments and maintains records
• Payment Tracking: You can check payment history online through the SDU portal
• Enforcement: If obligor misses payments, DCSE (or you through the court) can take enforcement action (see our Enforcement Guide)
• Modifications: If circumstances substantially change, either parent can request modification

Related Topics

For a complete understanding of Virginia child support, also review:

• Virginia Child Support Formula Guide – Understand how support is calculated
• Virginia Enforcement Guide – Learn about enforcement mechanisms
• Virginia Deviation Factors – When courts may adjust support amounts

Frequently Asked Questions