Spouse Not Paying Child Support? How To Get The Total Amount You Are Entitled To

Parents have a legal duty and a moral obligation to support their children. If you are currently going through a divorce, child support amounts will be determined as part of these proceedings. Unfortunately, even once a support order is put in place, your spouse may fail to pay. Our Virginia child support attorney explains enforcement efforts and how to ensure you get the maximum amount you and your child deserve.

Child Support Determinations In Virginia

Children can end up suffering both emotionally and financially when their parents get divorced. To prevent this from happening, state courts generally favor child time-sharing arrangements, allowing both parties to remain active and involved in the child’s life, and include child support payments as part of any final divorce orders issued.

In determining the amount of child support that must be paid, there are several factors a judge will consider, which are outlined under the Virginia Code. These include:

• Each parent’s individual income;
• The number of children the couple has that require support;
• Any other children from prior relationships or other financial obligations;
• The individual child’s financial needs;
• The amount of time the child spends in each parent’s home.

Enforcing Child Support Payments

Parents typically want what is best for their children. Making regular child support payments help ensure they are provided for financially and have their basic wants and needs met. Once a formal child support order is issued in a divorce, both parties are required to adhere to the terms. Unfortunately, failure to pay child support is a common problem. In this situation, there are enforcement actions that can be taken.

Whether your former spouse is late or has months of missed payments, it is important to notify our Loudoun child support attorneys right away. We can assist you in returning to court and in pursuing child support enforcement efforts. These are routinely handled through the Loudoun County Department of Health and Human Services. Actions your spouse could face for not paying the amount owed include:

• Wage garnishment;
• Seizure of assets in bank accounts;
• Property liens;
• Seizure of certain benefits, such as those available to Veterans or through the Social Security Administration;
• Suspension of the driver’s or business licenses until the debt is paid;
• Impacts on parenting rights and their role in current child time sharing arrangements;
• Fines, court costs, and a potential jail sentence. 

Discuss Your Options With Our Virginia Child Support Attorney

 Dealing with a spouse who refuses to pay child support is one of the most difficult situations. Their actions could jeopardize your own financial security and may prevent you from providing for your child’s needs. At Schwartz Kalina, PLLC, we take the legal actions needed to help you get the maximum amount of child support you are entitled to and that any outstanding payments are made. To discuss your options, call or contact our office online and request a consultation with our Virginia child support attorney today.

Sources:

law.lis.virginia.gov/vacode/title20/chapter6/section20-108.2/

loudoun.gov/4446/Child-Support

faq.ssa.gov/en-us/Topic/article/KA-01873#:~:text=Can%20my%20Social%20Security%20benefits,alimony%2C%20child%20support%20or%20restitution%3F&text=We%20can%20withhold%20Social%20Security,current%20and%20continuing%20monthly%20benefits