Remedies for Non-Payment of Child Support
Many families rely on child support payments to provide their children with the necessities of life. If these payments suddenly stop, the family may experience a significant hardship. Courts and legislatures have recognized how vital it is that child support payments are made regularly and on-time, and have approved several sanctions for failure to make the required payment.
Failure to pay child support may result in administrative or court sanctions. Every Virginia county has a branch of the state child support enforcement agency. Administrative remedies are typically used to redirect other sources of income to payment of child support, if there are arrears. Wages may be withheld and directed to the child support collection unit. Any state or federal income tax refund can be intercepted and used to fulfill child support. Lottery winnings in excess of $600 can be used to pay child support, and liquid assets including bank accounts can be seized if payments are not forthcoming. In addition, the Virginia State Dept. of Motor Vehicles can be directed to suspend the driver’s license of anyone who owes child support.
Remedies for non-payment of child support may also be obtained by going to court. A court has the power to suspend the business, professional, and recreational licenses of those who owe child support. It may also require the person who has failed to make child support payments to post an undertaking, which is a lump sum of money from which future payments will be deducted. If the court finds that the child support payer had the means to make a payment but chose not to do so, it will find that person in willful violation of a court order, which results in them owing the other party attorney’s fees. Finally, if the failure to pay persists, the court may place the delinquent party on probation or send them to jail for up to six months.
As can be seen, there are a large number of administrative and judicial remedies available to ensure child support is paid. If you have not received the child support you are owed, an experienced attorney will pursue every possible means to help you receive what is rightfully yours. The experienced attorneys of DiPietro Family Law Group are ready to help all those in the Northern Virginia area with child support issues. Contact them today by calling (703) 370-5555 to schedule a consultation.
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