Child Support Guide
Child Support Enforcement in Virginia
When a parent fails to pay court-ordered child support, Virginia provides powerful enforcement tools to compel payment and recover arrears. You do not have to accept non-payment. Shawna L. Stevens has helped clients enforce support orders in Fredericksburg-area courts for more than 20 years.
Serving Fredericksburg (22401, 22405, 22406, 22407, 22408), Stafford County, Spotsylvania County, King George County, and Caroline County.
Shawna L. Stevens
Family Law Attorney, Fredericksburg VA
J.D., Thomas M. Cooley Law School — graduated summa cum laude — Licensed by the Virginia State Bar — practicing exclusively Virginia family law for more than 20 years.
Enforcement Tools Available Under Virginia Law
Income Withholding
Virginia Code § 20-79.1 provides for income withholding orders — a directive sent to an employer to deduct child support from the paying parent’s paycheck and remit it directly. Income withholding is the standard first step in enforcement and is highly effective when the obligor has regular employment. The employer is legally required to comply, and failure to do so exposes the employer to liability. Income withholding also applies to other periodic income such as unemployment benefits and certain pension payments.
Tax Refund Intercept
When a parent owes past-due child support, the Virginia Department of Social Services can intercept state and federal tax refunds and apply them to the arrears. Federal tax refund intercepts apply when arrears reach $150 for families receiving public assistance, or $500 for other families. State refund intercepts have a lower threshold. A parent expecting a large refund who owes significant arrears will typically see that refund redirected before it ever arrives.
License Suspension
Virginia can suspend a non-paying parent’s driver’s license, professional licenses, and recreational licenses when support is delinquent. License suspension is a significant practical consequence that motivates payment in many cases. A parent who relies on a driver’s license for employment — particularly common in the trades and transportation sectors — faces direct economic pressure. Professional license suspension affects attorneys, healthcare workers, contractors, and other licensed professionals.
Contempt of Court
A parent who willfully fails to pay a support order can be held in contempt of court. Civil contempt is the most common mechanism — the non-paying parent is ordered to pay the arrears or face incarceration. The threat of jail time is effective in many cases. Criminal contempt is available in the most serious cases and can result in fines and imprisonment. A finding of contempt also typically results in an award of attorney fees to the parent who brought the enforcement action.
Property Liens and Levies
Child support arrears create a lien on the non-paying parent’s real property in Virginia. This means a parent who owes significant arrears cannot sell or refinance real estate without addressing the lien. Courts can also order levies on bank accounts and other assets. These mechanisms are particularly useful when a parent has assets but is not employed or is self-employed in a way that makes income withholding impractical.
Passport Denial
Federal law prohibits the issuance or renewal of a U.S. passport to a parent who owes more than $2,500 in child support arrears. This is a federal enforcement mechanism coordinated through the U.S. Department of State. For a parent who travels internationally for work or personal reasons, passport denial creates significant leverage for payment of arrears.
Your Options for Pursuing Enforcement
In Virginia, child support enforcement can be pursued through two separate channels: the Virginia Department of Social Services Division of Child Support Enforcement (DCSE), or through the courts directly with private counsel.
DCSE provides free enforcement services but handles large caseloads and may not move as quickly as private enforcement. Private enforcement through an attorney gives you more control over the pace and strategy, direct communication with your counsel, and the ability to pursue the most effective remedies for your specific situation. In cases involving significant arrears, hidden assets, or a non-paying parent who is self-employed or who has moved out of state, private enforcement counsel tends to be more effective.
Questions We Hear Often
Can I withhold visitation if child support is not paid?
No. Visitation and child support are separate obligations under Virginia law. A parent cannot unilaterally withhold court-ordered visitation because support is unpaid. Doing so exposes you to a contempt finding for violating the custody order, which can affect your own custody rights. The proper remedy for non-payment is enforcement through the court — not self-help through visitation denial.
What if the other parent moves to another state?
Virginia child support orders are enforceable in other states through the Uniform Interstate Family Support Act (UIFSA). Once a Virginia order is registered in the other state, enforcement mechanisms available in that state can be used to collect. Income withholding orders follow the obligor across state lines. The receiving parent does not have to start over — the Virginia order remains valid and enforceable wherever the paying parent lives.
Is there a statute of limitations on child support arrears in Virginia?
Virginia Code § 8.01-246 provides a 20-year statute of limitations on enforcement of child support arrears from the date each payment was due. This means old arrears can still be collected. Interest accrues on unpaid support at the judgment rate. A parent who has not been paying may face a much larger total obligation than the original support amount once interest is calculated. Arrears do not simply disappear over time.
Talk to a Child Support Attorney in Fredericksburg
Non-payment of child support is a court order violation. You have options. Contact Shawna L. Stevens PLLC to schedule a confidential consultation and find out what enforcement tools apply to your situation.
Fees are discussed directly at your consultation and are based on the specifics of your case.
Phone: (540) 310-4088
Email: info@fburgfamilylaw.com
Address: 307 Lafayette Blvd, Suite 200, Fredericksburg, VA 22401
Part of our Child Support Guide • Related: Support Guidelines • Modifying Support • Support Overview