Each state outlines guidelines for determining child support orders. You can review the child support guideline by accessing the local state website. The rules are part of the specific Code of Virginia, Section 20-108.2. It is important to note that there are many factors involved in determining a child support obligation and unless all of the figures that are used are accurate, the amount of support determined will not be correct.
The child support guidelines require all financial information to be entered in through monthly amounts. There are specific instructions on child support guidelines from state to state on converting weekly amounts to monthly. If you have a Virginia case and believe that your order should be reviewed, please refer to the Child Support guidance on the specific website.
The Division of Child Support Enforcement Virginia (DCSE) utilizes the child support guideline scale that is part of the Code of Virginia. The guideline was developed with input from custodial and noncustodial parents, judges, attorneys, child support professionals, economists, and legislators and is reviewed every three years. For instance, the child support guideline scale takes into consideration the gross income of both parents, the number of other children being supported, the cost of medical/dental insurance and extraordinary medical/dental expenses for dependents, and childcare expenses.
Furthermore, other factors may be evaluated and are referred to as deviations. DCSE looks to the guidelines to establish administrative orders for support, and the courts use the guideline to establish court orders for support; both kinds of orders are considered legal obligations. Usually, only a court can deviate from the guidelines. The guidelines can be reviewed by accessing the DCSE website and selecting the Child Support Guidelines.
Moreover, if one parent has other children in the home they too are calculated in the guidelines, but only if that parent is legally responsible for supporting the other children. That typically means that only the support of biological and adopted children is considered in establishing or reviewing a support order.
How is Child Support Collected?
The DCSE has multiple tools available to help custodial parents in collecting current child support and arrearages associated with support. One of the primary tools or methods is income withholding. DCSE can also file property liens, report child support debts to credit agencies, suspend drivers’ and other licenses, intercept income tax refunds, prepare your case for court action, and petition another state for assistance when necessary. While DCSE cannot guarantee the success of the collections, DCSE representatives will exhaust all available enforcement actions to attempt to obtain the support to which your child is entitled.
Moreover, time frames vary and each case is unique. One of the most crucial steps that DCSE must demonstrate with almost every action is to serve the noncustodial parent with advance notice of the action. This is a legal requirement and allows the noncustodial parent “due process” to contest or appeal the action. Since many people shift frequently and some people deliberately try to avoid being served, this often yields a long time to accomplish.
In addition, DCSE has many automated sources available for its purpose. However, for the custodial parent, one of the best resources for information about a noncustodial parent, is to learn the addresses, assets, or employment from friends or family before that information is available to DCSE through its sources. DCSE staff uses local sources available in DCSE offices. It is important to note that they are unable to physically search for individuals. Even with its sources and with the help, DCSE may still not be able to locate a noncustodial parent. Some people are determined not to be found and can utilize extreme measures not to be located.
When Does a Child Support Case Reach Court Action?
The DCSE has strong administrative procedures to establish and enforce support orders, and typically refers cases for court action only when those administrative methods have been unsuccessful. Certain circumstances, such as those involving minor fathers, must be referred for court action.
Generally, to enforce orders when administrative enforcement is unsuccessful, cases are referred for court action when support is past-due for more than some period and the arrears are at least a threshold amount. The time frames and threshold amount can vary depending on the state therefore it is recommended to research the local regulations. Moreover, DCSE must provide the court with a verified address for the noncustodial parent so that the individual can be served with a summons to appear in court.
Also, for DCSE to receive any funds from this process, the noncustodial parent must be entitled to a refund or other non-wage payment from a federal or state agency. Keep in mind that the DCSE staff cannot disclose the source of such special collections. For federal certification, the debt amount must be at least $500, unless the debt is owed to the state for public assistance benefits paid on behalf of a child. Again, these may vary in each state.
Furthermore, the noncustodial parent will receive a notice from the U.S. Department of Treasury stating that the funds will be sent to DCSE about 60 days before DCSE receives the funds. Once the funds are entered, the collection amount is applied to the debt, but the funds are held, under state law, for 180 days before they are disbursed to the custodial parent to allow for other possible claims to be filed that may require DCSE to return the funds to the source.
But, if there is a debt owed to the state for public assistance benefits paid on behalf of a child, the collection must be applied to that state debt first. This lays the foundation of the priority in payments about debts.
Additionally, for certification of debt amounts to state agencies, the child support debt amount must be equivalent to two months’ current support or $25 for arrears only cases. Funds are generally received from a state agency within 30 days of the notice to the noncustodial parent.
Typically, DCSE can assist a custodial parent in the collection of support from social security disability benefits, but Supplemental Security Income benefits cannot be attached to the payment of child support. Some courts may choose not to enter an order if a noncustodial parent receives Social Security benefits.
Lastly, some courts may credit a lump sum paid to the dependents by the Social Security Administration toward the noncustodial parent’s arrearage.
Also, TANF benefits are considered welfare for the benefit of minor children and DCSE cannot collect support monies from these welfare benefits. The information provided above is from the Virginia Department of Social Services research specifically dealing with child support issues.
When Do I Need to Contact a Lawyer?
Child Support can become complicated especially if the two parents do not want to cooperate or have an agreement in place. Keep in mind that child support is the financial means for a child to excel in every aspect of their life.
If you reside in the state of Virginia and need assistance with child support. It is important to seek out a local Virginia child support attorney to assist you with the process.
