There are many misconceptions about child support.
Some of these misconceptions may stem from the fact that different states have different laws, while others are based on laws that no longer exist.
Here are some of the most common misconceptions about child support and the truth behind them.
Child Support Amounts
Many people believe that once an amount has been ordered, it can never be changed. This is false. Either parent can request a modification of child support based on a material change in circumstances.
Changes in circumstances could include a raise received a parent, a decrease in either parent’s income, a change in the children’s health insurance premiums or day care costs, or a change in the custody arrangement.
In some circumstances, either parent may request a “review” of child support through the Department of Child Support Enforcement if it has been three years since child support was last established (even if there are no known changes in circumstances).
To learn more about the Virginia Child Support Guidelines click here.
Child Support and Bankruptcy
Contrary to popular belief, filing for bankruptcy will NOT discharge a parent from paying child support. The Virginia Division of Child Support Enforcement may limit its collection efforts, but the back payments will still be due when the bankruptcy is discharged.
[Related: Support During Divorce]
Garnished Wages
When child support is initially determined, the recipient parent can choose to have the payments withheld from the payer’s income and paid through the Department of Social Services pursuant to an “income withholding order.”
After child support is ordered, if a parent fails to pay child support, the state can garnish their wages to collect what is due. The state can also intercept state and federal tax refunds.
The Other Parent is Not Using Child Support Payments for the Children
Oftentimes, the parent who pays child support is frustrated because he or she believes that the other parent is not using the child support for the benefit of the children, and wants an accounting. However, Virginia law does not require the parent who receives child support to provide an accounting of how it is used.
When Child Support Ends
Some people believe that child support ordered in Virginia ends when the child turns 18. This is often, but not always, incorrect. If a child is still a full-time high school student and living in the home of the parent receiving child support when the child turns 18, Virginia law requires that support continue until the child turns 19, or graduates from high school, whichever comes first.
Many people also believe that back payments (“child support arrears”) go away when the child is no longer a minor. This is false. Delinquent payments are still owed and can be collected.
Child Support Affects Credit Scores
Actually, this is true. The Virginia Division of Child Support Enforcement reports each payment or non-payment to credit rating bureaus.
A failure to pay child support not only affects credit rating, it can also result in the revocation of driver’s license and passport.
[Related: Tips for Finding a Lawyer]
Making Direct Payments
If child support has been ordered to be paid through the Division of Child Support Enforcement, payments may not be paid directly to the recipient parent. They must be paid to DCSE. If payments are made directly to the recipient parent, the payments are considered a “gift.”
Child Support Attorney in Virginia
If you, or your spouse, are considering a divorce, it is important that you choose a competent and experienced attorney to fight for you and protect your rights.
Contact Cooper Ginsberg Grey today to schedule a consultation!