Awards for child support and/or spousal support are common in Virginia divorce and custody proceedings. However, circumstances may arise where one party refuses to meet his or her support obligations even after the support order has been entered by the court. To address such difficult situations, Virginia has established enforcement mechanisms aimed at compelling non-paying parties to fulfill their ordered obligations.
Understanding Child and Spousal Support Obligations
In family law, many cases result in an order for one spouse to provide child support and/or spousal support payments to the other spouse or parent. Often, this financial obligation rests on the higher-earning spouse. Spousal support, commonly referred to as an “alimony award,” is an amount that is to be paid by one spouse to the other during the pendency of the divorce case or after the divorce is final, depending on the parties’ circumstances. Child support is calculated pursuant to state-mandated guidelines and depends on the parties’ incomes, work-related childcare expenses, and health insurance premiums. Customarily, alimony and child support awards entail periodic (usually monthly) payments to the receiving spouse.
CGG recognizes the frustration and hardship that can come from an obligated spouse’s unwillingness to uphold his or her support duties. Fortunately, Virginia law provides multiple remedies for this situation. An uncooperative party who is not paying his or her family support obligations may be subject to the following consequences:
- issuance of a contempt order from the court,
- wage garnishment,
- liens against bank accounts or other assets,
- license suspension, or
- garnishment or seizure of income tax refunds.
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Contempt Order
Parties who are not receiving the support that they are rightfully owed will likely find themselves needing to return to court. The recipient spouse may bring the non-paying spouse back in front of the judge through a Petition for Rule to Show Cause. The non-paying party will be required to explain to the judge the reasons for his or her failure to follow through with the support payments and “show cause” as to why he or she should not be held in contempt. Based on the party’s explanation, the Virginia judge has the authority to hold the non-paying party in contempt, require immediate payment of arrearages, mandate payment of attorney’s fees, or, in some cases, even give the party jail time until the obligations are met.
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Wage Reduction
The court may order that the obligated party’s wages be withheld if the party is at least one month or more behind in their support payments. This type of order requires the party’s employer to withhold certain payments from the obligated employee’s wages. The employer may be instructed to take money out of the party’s paycheck and forward it to the Division of Child Support Enforcement (“DCSE”), an agency of the Virginia Department of Social Services that can oversee child support payments. The funds are then sent to the recipient parent. To obtain such an order, the non-obligated party must file an appropriate Motion with the court.
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Liens
Another available course of action involves the recipient party obtaining a judgment from the court in the amount of unpaid support, and then using that judgment to secure a lien on the non-paying party’s assets (such as bank accounts or real estate).
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License Suspension
Parties who fail to fulfill their support obligations may face suspension of their driver’s licenses and/or their fishing, hunting, and boating licenses.
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Garnishment of State and Federal Income Tax
In instances where an obligated party has persistently failed to fulfill their support obligations, Virginia allows for the interception of the obligated party’s state and federal tax refunds. The Department of Child Support Enforcement (DCSE) may then use the individual’s tax refunds to satisfy the overdue payments owed to the financially dependent party.
If you have questions about how to collect unpaid spousal support or child support, contact the attorneys at Cooper Ginsberg Gray at (703) 934-1480 or visit www.cgglawyers.com.