When parents in Virginia separate or divorce, one of the most important issues they face is making sure their children get the financial support they need. A Virginia child support order is the legal document that makes this happen.
What Is a Child Support Order?
A Virginia child support order is an official court document that tells a parent how much money they need to pay to help support their child. These orders come from either the Juvenile and Domestic Relations District Court or the Circuit Court. Once a judge signs the order, it becomes legally binding for both parents.
The most important thing to understand is that child support isn't really about the parents, the money belongs to the child. That's why parents can't just decide between themselves to ignore what the court says. The court makes these decisions to protect children and make sure they have what they need.
Who Issues Child Support Orders?
Two types of courts in Virginia handle child support cases. The Juvenile and Domestic Relations District Court typically handles most child support matters, especially initial orders. The Circuit Court handles child support as part of divorce proceedings or when appeals are filed from the district court.
What Makes a Child Support Order Legally Binding?
Once a judge reviews the case and signs the child support order, it carries the full force of law. Both parents must follow it exactly as written. The order stays in effect until the child reaches adulthood, the court modifies it, or specific conditions in the order change the support obligation.
How Does Virginia Calculate Child Support?
Virginia uses a specific formula established by state law to determine child support amounts. The Department of Social Services created guidelines that help judges figure out the right amount based on both parents' incomes and the children's needs.
Income Factors Considered:
- Gross income from all sources including salaries, wages, and bonuses
- Commissions, royalties, dividends, and investment income
- Self-employment income after reasonable business expenses
- Social security benefits and veterans' benefits
The Basic Calculation Method
The court first determines each parent's gross income. This includes everything from regular paychecks to rental income and even gifts or prizes. The incomes are combined to find the total available for child support. Using the state's schedule of basic support obligations, the court finds the base amount needed for the number of children involved.
How Parents Split the Obligation
After calculating the total support obligation, the court divides it between parents based on their income percentages. If one parent earns 70% of the combined income, they typically pay 70% of the support obligation. This ensures both parents contribute fairly based on what they can afford.
What Information Goes Into a Support Order?
A Virginia child support order contains detailed information beyond just the payment amount. The Division of Child Support Enforcement requires specific elements to effectively manage and enforce support obligations. Every order must include certain notices and provisions to protect both parents and children.
Required Parent Information:
- Names and dates of birth of both parents
- Current employer names and addresses
- Contact information including phone numbers
- Driver's license numbers
Required Child Information:
- Full names and birth dates
- Last four digits of social security numbers
- Current living arrangements
- School enrollment status for children over 18
Payment Details and Schedules
The order specifies the exact monthly support amount and when the first payment is due. Typically, the first payment comes due on the first day of the month following the hearing date. The order also prorates any partial months between when the order takes effect and when regular monthly payments begin.
Enforcement Provisions Included
Every order includes warnings about potential consequences for non-payment. These notices inform parents that wages can be garnished, tax refunds intercepted, and professional licenses suspended. The order also explains that unpaid support creates arrearages that accumulate interest at 6% annually.
Can Parents Make Their Own Agreement About Child Support?
This is where many parents get into serious trouble. Even if both parents agree, even if they shake hands and put it in writing, that agreement doesn't count unless a judge approves it. The law says that the right to child support belongs to the child, not the parents.
Why Informal Agreements Fail:
- Child support is a right that belongs to the child
- Parents cannot waive or give up this right
- Courts must approve all modifications
- Past-due payments become permanent judgments
Real Virginia Court Cases
In Goodpasture v. Goodpasture, a mother moved to Louisiana and wrote a letter relieving the father of child support. He stopped paying, believing they had an agreement. When she returned to Virginia two years later, she sued for all the back support. The court said she could collect every penny because they never got court approval.
The Acree Exception
Virginia courts made one narrow exception in Acree v. Acree. A daughter went to live with her father full-time, and both parents agreed to eliminate that portion of support. They followed through completely for years until the daughter became an adult. The court refused to award arrears because enforcing the original order would unfairly punish the father after the agreement was fully carried out. However, this exception is extremely rare.
What Happens If You Don't Pay Child Support?
Missing child support payments creates serious problems that don't go away. When a parent doesn't pay as ordered, the unpaid amounts become arrearages, a type of debt that Virginia law treats as judgments. These judgments are nearly impossible to erase or reduce retroactively.
Department of Social Services Enforcement
The Division of Child Support Enforcement has powerful tools to collect unpaid support. They can order employers to withhold support payments directly from wages without the parent ever touching that money. This withholding happens automatically in most cases once an order exists.
Contempt of Court Actions
When arrearages become significant, the parent owed support can file a "Show Cause" action. This requires the non-paying parent to come to court and explain why they shouldn't be held in contempt. Contempt findings can result in fines or even jail time until the parent makes arrangements to pay what they owe.
How Can You Change a Child Support Order?
Virginia law allows parents to request a modification when they experience a material change in circumstances. However, you must go through the proper legal process. Filing a Motion to Amend or Review Order is the only way to officially change your support obligation.
The Modification Process
To modify an order, file your motion with the same court that issued the original order. Bring documentation proving the changed circumstances—pay stubs, medical bills, custody schedules, or termination notices. The court will review everything and decide whether modification is appropriate.
When Both Parents Agree
If both parents agree to modify support, they can submit a written agreement with the motion. The court reviews the agreement to ensure it serves the child's best interests and complies with Virginia's support guidelines. Once approved, the court enters a new order making the changes official.
Shared Custody Support
Virginia has special rules when parents share custody more equally. If each parent has the child for more than 90 days per year, the court uses a shared custody calculation instead of the standard formula. This recognizes that both parents directly provide for the child during their parenting time.
Shared Custody Factors
- Number of days each parent has physical custody annually
- Each parent's percentage of total parenting time
- Both parents' income shares of combined gross income
- The shared support need multiplied by 1.4
How Days Are Counted
- A day equals a 24-hour period with the child
- Overnight periods count as one-half day for each parent
- Court has discretion in defining when a day begins
- Annual calculation can start on any date the court chooses
The Shared Custody Formula
The calculation is more complex than standard support. The court calculates a "shared support need" by taking the basic guideline amount for the parents' combined income and multiplying it by 1.4. Each parent's share considers both their income percentage and their custody percentage.
Why Support Still Gets Paid
Even with 50-50 custody, one parent often pays support to the other. If one parent earns significantly more, that income difference means they contribute more toward the child's total needs. The formula balances both time with the child and financial contribution to maintain fairness.
Health Insurance and Medical Expenses
Health care coverage is a crucial part of every child support order in Virginia. If either parent has insurance available through their employer at a reasonable cost, the court typically orders that parent to provide coverage for the children. The Department of Social Services defines what counts as a reasonable cost.
How Insurance Costs Affect Support Payments
When calculating the total support obligation, the court adds the cost of covering the children to the basic support amount. If the parent paying support also pays for insurance, they receive a credit that slightly reduces their monthly payment. The order must clearly state who provides coverage and how costs are allocated.
Handling Medical Bills
Parents typically split unreimbursed medical expenses in proportion to their incomes. If one parent earns 65% of the combined income, they pay 65% of the medical bills. The order should explain how parents share information about medical expenses and the timeframe for reimbursing each other.
Special Provisions in Support Orders
Virginia requires child support orders to include specific provisions and notices that inform parents of their rights and obligations. These provisions help the Division of Child Support Enforcement manage cases effectively and ensure parents understand the potential consequences of non-compliance.
Address and Employment Updates
Orders require parents to notify the court or the Department of Social Services about changes. If support goes through the Department, parents must report new employers, address changes, and employment status changes within 30 days. This ensures the system can locate parents and maintain accurate records for enforcement.
Emancipation and Continued Payments
Support normally ends at age 18, but orders include notice that payments continue for full-time high school students until graduation or age 19. If arrearages exist when the youngest child emancipates, payments must continue at the same total amount until all back support is paid off.
Support for Adult Children with Disabilities
Virginia law recognizes that some children need ongoing support beyond age 18. When a child has severe and permanent mental or physical disabilities that existed before they turned 18, the court can order support to continue indefinitely.
Proving Disability Needs
The parent requesting continued support must provide medical documentation of the child's condition. This includes evaluations from doctors, specialists, or developmental disability professionals. The court considers the severity of the disability and the child's realistic ability to eventually become self-supporting.
Duration of Support
Unlike regular child support that ends at a specific age, disability support continues as long as the qualifying conditions exist. If the adult child's condition improves to where they can support themselves, either parent can request modification or termination of the support obligation.
When Does Child Support End?
Virginia has clear rules about termination, but several exceptions can extend support beyond the basic age limit. The support obligation doesn't automatically disappear; it continues until specific conditions are met.
The High School Exception
If your child turns 18 during their junior or senior year, you'll continue paying support until graduation or their 19th birthday, whichever comes first. The child must be a full-time student, not self-supporting, and living with the parent receiving support for this exception to apply.
Dealing with Arrearages at Emancipation
Many parents mistakenly believe they can stop paying when their child turns 18. However, if you owe back support, payments must continue. The order requires you to keep making payments at the same total amount, including the portion that goes toward arrears, until every penny is paid off with interest.
The Division of Child Support Enforcement's Role
The Division of Child Support Enforcement (DCSE) is part of Virginia's Department of Social Services. They work in partnership with federal authorities and other state agencies to establish and enforce child support obligations. Understanding what DCSE does helps parents navigate the support system more effectively.
Full Service vs. Payment Processing Cases
DCSE provides full services to parents who have an open enforcement case with them. This includes all establishment and enforcement activities. Parents with payment processing cases receive limited services, mainly payment collection and distribution.
Contacting DCSE for Help
Parents can apply for DCSE services online through the MyChildSupport portal. This system allows you to make payments via eCheck, view payment history, and manage your case information. The Customer Service Center is available at (800) 468-8894 for questions about your case or services.
Modifying Support When Custody Changes
One of the most common reasons for seeking modification is a significant change in custody arrangements. When a child who primarily lived with one parent starts spending substantially more time with the other parent, the support obligation should reflect this change.
Switching from Sole to Shared Custody
When custody changes from sole to shared (more than 90 days annually with each parent), the entire calculation method changes. The court must use the shared custody formula instead of the standard formula. This often results in a lower payment because both parents now directly provide for the child during their parenting time.
When the Recipient Becomes the Payor
Sometimes, custody changes completely flip the support obligation. If the parent who was receiving support now has the child less than half the time, they might become the parent who pays support. The court recalculates everything based on the new custody arrangement and both parents' current incomes.
Income Changes and Support Modification
Significant changes in either parent's income are among the most common grounds for modifying child support. However, not every income change qualifies. The change must be substantial and unlikely to be temporary to justify modification.
Voluntary vs. Involuntary Changes
Courts scrutinize voluntary income reductions. If a parent quits a good job to take a lower-paying position just to reduce support, the court may impute income based on earning capacity. However, legitimate career changes, like returning to school for better opportunities or changing jobs to spend more time with children, may be viewed favorably.
Proving Income Changes
Bring comprehensive documentation to court. For income decreases, provide termination notices, unemployment benefit statements, disability determinations, or business financial records. For increases, the other parent might present pay stubs, tax returns, or evidence of unreported income. The court needs clear proof that the change is real and material.
Filing a Motion to Amend or Review
The Motion to Amend or Review Order is the formal legal document you file to request modification of your child support order. Understanding how to properly file and present your case increases your chances of success.
Where and How to File
File your motion with the same court that issued the original child support order. If the original order came from the Juvenile and Domestic Relations District Court, file there. If it was part of a divorce decree from Circuit Court, file in Circuit Court. Pay the required filing fee unless you qualify for a fee waiver.
Serving the Other Parent
After filing, you must serve a copy of the motion on the other parent. Virginia requires proper notice so both parents can prepare for the hearing. Service can happen through the sheriff's office or a private process server. Keep proof of service for your court file.
Responding to a Modification Request
If the other parent files a motion to modify support, you have the right to respond and present your own evidence. Don't ignore the motion, failing to appear at the hearing could result in the court granting the modification without hearing your side.
Negotiating a Settlement
Before the hearing, consider whether you can reach an agreement with the other parent. If their circumstances have genuinely changed, negotiating reasonable terms benefits everyone more than prolonged litigation. Any agreement must still be submitted to the court for approval to become enforceable.
Preparing for the Hearing
Organize your documents in a logical order and prepare to explain your position clearly. Bring copies of all evidence for the judge and the other parent. Focus on facts rather than emotions; courts care about financial realities and the child's needs, not how you feel about the other parent.
Keeping Records of Support Payments
Whether you're paying or receiving child support, maintaining accurate records protects you. Documentation proves compliance with court orders and helps resolve disputes about payment history.
Using the MyChildSupport Portal
The MyChildSupport portal provides online access to your case information when DCSE manages your case. You can view payment history, make electronic payments, and track your account balance. This system creates an automatic record of transactions that's accessible to both parents.
What to Do About Payment Disputes
If you believe you've paid more than the other parent claims, your records become crucial evidence. Present your documentation to DCSE or to the court if necessary. Similarly, if you're owed support that hasn't been paid, your payment log helps prove the arrearage amount.
Getting Legal Help With Child Support
Child support cases can become complex, especially with modifications, enforcement issues, or unusual custody arrangements. While some parents successfully handle simple cases themselves, having an attorney often leads to better outcomes in complicated situations.
When You Might Need an Attorney
- Initial establishment of support with disputed income or custody
- Modification requests involving complex financial situations
- Enforcement actions against a non-paying parent
- Defending against contempt charges for missed payments
Finding the Right Attorney
Look for attorneys who specialize in family law and have substantial experience with child support cases. Many offer initial consultations to discuss your situation and explain their fees. Ask about their approach to your specific issues and their success rate with similar cases.
Alternatives to Full Representation
If cost is a concern, some attorneys offer limited scope representation. They might review documents you've prepared, coach you on court procedure, or handle just specific parts of your case. Legal aid organizations also provide free assistance to qualifying low-income parents in child support matters.