If you owe back child support in Virginia, you face serious enforcement actions including license suspension, wage garnishment, and even jail for contempt. A child support arrears lawyer Virginia from Law Offices Of SRIS, P.C. can help you negotiate a payment plan, seek a modification, or defend against contempt charges. Our firm has extensive experience handling child support debt cases across Virginia courts.
Virginia Law on Child Support Arrears
Child support arrears, or past-due child support, are governed by Virginia Code § 20-108.2. This statute authorizes the Department of Social Services’ Division of Child Support Enforcement (DCSE) to take multiple actions to collect back child support owed. Once a support order is entered, payments become a judgment by operation of law, and interest accrues on any unpaid balance. The law provides powerful tools for enforcement, making proactive legal counsel critical for anyone with child support debt.
Last verified: April 2026 | Virginia Courts | Virginia General Assembly
Official Legal Resources
For the full text of the law, see Va. Code § 20-108.2 (official Virginia General Assembly). For information on enforcement procedures, visit the Virginia Department of Social Services website.
handling Child Support Enforcement in Virginia
When you fall behind on child support, the DCSE can initiate several enforcement actions automatically. In many Virginia courts, clerks will issue a Rule to Show Cause for contempt upon receiving a delinquency report from DCSE. This starts a contempt proceeding where you must explain why you should not be held in willful violation of the court order.
- Receive Notice of Delinquency: You will get a notice from the court or DCSE stating the amount of back child support owed.
- Rule to Show Cause Hearing: A court date is set where you must “show cause” why you should not be held in contempt.
- Negotiate a Resolution: Before the hearing, your attorney can negotiate with the other party or DCSE for a payment plan or modification.
- Present Your Case: At the hearing, your lawyer presents evidence of your financial circumstances and any proposed solution.
- Comply with Court Order: If the court accepts a payment plan, strict compliance is essential to avoid further penalties.
Potential Consequences of Child Support Debt
In Virginia, unpaid child support can lead to income withholding, interception of tax refunds, suspension of driver’s and professional licenses, liens on property, and contempt of court with possible jail time.
| Enforcement Action | Legal Authority | Potential Impact |
|---|---|---|
| Income Withholding | Va. Code § 20-79.3 | Direct wage garnishment |
| License Suspension | Va. Code § 63.2-1956 | Loss of driver’s, professional, recreational licenses |
| Tax Refund Intercept | Va. Code § 63.2-1952 | Federal & state refunds seized |
| Contempt of Court | Va. Code § 20-108.2 | Fines, attorney’s fees, possible jail time |
| Property Liens | Va. Code § 8.01-458 | Claim against real estate or personal property |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Child Support Arrears Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation. Mr. Sris personally played a key role in amending Virginia Code § 20-107.3, demonstrating deep involvement in the evolution of Virginia family law. We understand the financial and emotional stress of child support debt and work to find practical, sustainable solutions.
Our Approach to Child Support Arrears Cases
We have successfully represented numerous clients facing child support debt in Virginia. Our strategies include filing motions to modify support based on a substantial change in circumstances, negotiating lump-sum settlements, and setting up court-approved payment plans to stop further enforcement actions. For instance, we recently assisted a client in Fairfax by securing a modification that reduced future payments and established a manageable plan to pay off a significant arrears balance, avoiding license suspension.
Mr. Sris, our firm’s founder, provides strategic oversight on complex cases. His background in accounting and information systems is a unique asset in analyzing financial disclosures and building arguments for modification based on accurate income assessment.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Virginia Child Support Arrears Lawyers
Law Offices Of SRIS, P.C.
Available by appointment only.
Toll-Free: (888) 437-7747 | 24/7 phone consultations.
Serving clients across Virginia facing child support enforcement and modification issues.
Frequently Asked Questions
Can I go to jail for not paying child support in Virginia?
Yes. If a court finds you in willful contempt for non-payment, the judge can impose a jail sentence. However, courts typically use jail as a last resort and prefer to establish a workable payment plan. An attorney can argue for alternatives to incarceration.
What is the first step if I receive a notice for back child support owed?
Contact a child support debt lawyer Virginia immediately. Do not ignore the notice. An attorney can review the arrears calculation, explore grounds for a modification, and communicate with the Division of Child Support Enforcement on your behalf to prevent automatic enforcement actions like license suspension.
Can child support arrears be forgiven in Virginia?
It depends. The owed parent (obligee) can agree to forgive some or all of the debt, but the court must approve any agreement. Courts are generally reluctant to forgive arrears owed to the state for public assistance recoupment. A lawyer can help negotiate a compromise.
How can a child support arrears lawyer Virginia help me?
A lawyer can file a motion to modify the support order if your income has decreased, negotiate a payment plan for the back-owed amount, defend you in contempt proceedings, and challenge incorrect arrears calculations. Legal representation is crucial to protect your rights and find a solution.
Does interest accrue on child support arrears?
Yes. Virginia law mandates that interest accrues on any unpaid child support balance. The rate is set by statute. This means the total amount you owe can grow quickly, making it important to address the debt proactively with legal help.
Related Legal Help: If you are dealing with enforcement, you may also need a Virginia family law attorney for broader issues. For those in other areas, see our Maryland child support lawyers or learn about divorce and support matters.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your child support arrears.